Rowland v. Wunderlick

The opinion of the court was delivered by

Case, J.

Plaintiff sued for injuries received from the bite of a dog belonging to the defendant. Knowledge on the part of the defendant, technically known as scienter, of the alleged vicious propensities of the dog was specifically alleged in the state of demand, and the denial thereof by defendant’s attorney at the opening made that the main issue. There was evidence pro and con. At the close of the trial the court’s entire charge to the jury was as follows:

“Ladies and gentlemen of the jury, it is up to you to decide this case. Be guided by the…