Nicholes v. Lorenz

(for affirmance). The principal issue is whether the prior good or bad behavior of a dog is relevant under the present "dog bite” statute which has eliminated proofs of past conduct of a dog and the owner’s knowledge of such as conditions precedent to the owner’s liability. We hold that the challenged testimony entered over defendant’s objection was irrelevant and prejudicial. The Court of Appeals is affirmed.

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Plaintiffs daughter was bitten by defendant’s dog who was chained and lying in the backyard. Defendant was away with his sons fishing at the time of the incident and his dog Wolf had…