Miller v. Hurst

*238WIEAND, Judge:

In this appeal, we are asked to determine whether a dog owner who permits a dog to run free in violation of a law requiring that the dog be restrained is liable, without further proof of negligence, for injuries caused when the dog bites a small child. This issue arises because the trial judge entered a compulsory nonsuit in an action brought by the child’s parents to recover for injuries caused by a roving German Shepherd, and the court en banc refused a motion to remove the nonsuit. Before reaching the substantive issue, however, we must determine whether an order refusing to…