Alfano v. Stutsman

GARRARD, Judge.

The appellees have filed a petition for rehearing asserting that our decision herein misconstrued the findings of the trial court and that taken as -a whole the findings disclose that while the requisite viciousness to impose strict liability was not proved, the necessary knowledge to impose liability for negligence was established. The argument is in error partially because it proceeds upon the premise that strict liability arises when the owner or keeper of a dog has knowledge of its dangerous propensities. Regrettably our opinion lends some credence to the argument because…