Bevin v. Griffiths

The action was not one at common law, based upon the negligent failure of the owner of the dog to properly restrain him and keep him so safely that he might not injure others. There was no allegation that the dog had vicious propensities or that the defendant knew of the same, and having such knowledge kept the dog in a negligent manner; and hence the action was one to recover damages under the provisions of §5838 GC.

At the close of the evidence on behalf of the plaintiff, the court granted a motion to direct a verdict in favor of the defendant, and if said §5838 GC is not applicable to the…