Foy v. Dayko

82 N.J. Super. 8 (1964)

196 A.2d 535

THOMAS FOY, PLAINTIFF-RESPONDENT,

v.

DANIEL DAYKO AND JULIA DAYKO, INDIVIDUALLY AND T/A SEA HORSE TAVERN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Argued November 18, 1963.

Decided January 7, 1964.

Before Judges CONFORD, FREUND and SULLIVAN.

Mr. A. Henry Giordano argued the cause for appellants.

Mr. Maurice B. McLaughlin argued the cause for respondent.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This case presents the novel question whether provocation or contributory negligence are defenses to an action for a dog bite…