Legault v. Malacker
Wisconsin Supreme Court
Appeal from an order of the circuit court for Marinette county: W. B. QuiNLAN, Circuit Judge. The action is brought by a father to recover damages resulting to him by reason of the illness and death of his minor son.
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Appeal from an order of the circuit court for Marinette county: W. B. QuiNLAN, Circuit Judge. The action is brought by a father to recover damages resulting to him by reason of the illness and death of his minor son. The complaint alleges, in substance, that the defendant owned a certain dog and that on a certain day while the plaintiff’s son, in the exercise of due care, was lawfully in and upon the highway, said dog attacked and bit him, so wounding him that he subsequently died as a result of his said injuries. Resulting damages are also fully alleged. A general demurrer to the complaint…
1Opinion of the Court
Winslow, O. J.
The respondent claims that the complaint should allege (1) that the dog was vicious or mischievous, and (2) that the defendant had knowledge of that fact.
Upon these contentions the court holds:
1. Sec. 1620, Stats. 1911, makes allegation and proof of scienter unnecessary as well in case of injuries to persons as in case of injuries to cattle by dogs. The doubts expressed in Kertschacke v. Ludwig, 28 Wis. 430, and Slinger v. Henneman, 38 Wis. 504, are not considered well founded.
2. Where a complaint alleges that a dog attacked and wounded a person who at the time was where he…
2Cases cited2 opinions
- Slinger v. HennemanWisconsin Supreme Court · 1875
- Kertschacke v. LudwigWisconsin Supreme Court · 1871
3Cited by7 opinions
- Andrews v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1933
- Nelson v. HansenWisconsin Supreme Court · 1960
- Wurtzler v. MillerWisconsin Supreme Court · 1966
- Harris v. HoytWisconsin Supreme Court · 1915
- Kocha v. Union Transfer Co.Wisconsin Supreme Court · 1925
2 more not listed; retrieve them via the Exa API.