Hyland v. Cobb

Plaintiff, a very young infant playing in the care of her nurse within the inclosure at Gramercy Park, New York city, was bitten by an unmuzzled dog owned by defendants and held in leash by one of them. No evidence of defendants’ knowledge of previous acts by the animal inconsistent with a gentle disposition was produced. Plaintiff’s judgment rests upon the theory that, in the absence of scienter, negligence was properly imputed to defendants by reason of an assumed violation of an ordinance which prohibits the presence of an unmuzzled dog in a public park or place. ■ Conceding that…