Perazzo v. Ortega

This case is before the court a second time, the first appeal having resulted in an order directing a new trial. See 29 Ariz. 334, 241 Pae. 518. In the second trial and upon practically the same pleadings and evidence the plaintiff recovered judgment for the same amount as in the first, and from this and the order denying his motion for a new trial the defendant appeals.

The substance of the complaint is that on April 28th, 1924, while plaintiff was riding west on the Tempe Eoad, a public highway in Maricopa county, Arizona, upon his bicycle, a vicious black dog, which the defendant owned and…