State v. Donohue

The opinion of the court was delivered by

Van Syckel, J.

In July, 1885, the plaintiff, while walking in the public street in front of the defendant’s premises, was bitten by the defendant’s dog, which was lying unmuzzled on the sidewalk. The night being dark, the plaintiff did not see the dog until he sprang upon her and bit her.

It also appears that a city ordinance prohibited the running at large of dogs in the street at any time without a muzzle.

The plaintiff insists that the dog, lying upon the sidewalk in violation of the city ordinance, must be regarded as a nuisance, and that therefore…