131 Iowa 614 | Iowa | 1906
The appellee contends that, under the rule in Gregory v. Woodworth, 93 Iowa, 246, followed in Stuber v. Gannon, 98 Iowa, 228, the plaintiff was bound to plead and prove his freedom from contributory negligence, and that being true, that it was competent for the defendant to prove an unlawful act on the part of the plaintiff without pleading the same. It will be observed that the statute makes the owner of the dog absolutely liable for an injury inflicted by him, “ except when the party is doing an unlawful act.” While we have held in these cases that the unlawful act that will relieve the owner of the dog from liability must be an act
The judgment is reversed.