Duffy v. Gebhart

Christie, J.:

I find as a fact that the dog of Edward D. Gebhart (hereinafter referred to as defendant) bit or scratched the plaintiff Charlotte T. Duffy at about 10 p.m. on August 30,1957. Plaintiff required medical treatment and she has a small permanent facial scar. Defendant’s dog was a male boxer weighing about 75 pounds, and at the time of the incident the dog was about 7 years old. Plaintiff and her mother were out on a suburban road for an evening walk with their leashed collie at the time of the incident.

There was no evidence of any prior viciousness of the boxer. The defendant’s…