The plaintiff was bitten and injured by a dog» alleged to be dangerous and accustomed to bite manídnd, and kept and owned by defendant with, knowledge of his vicious propensities. There was sufficient evidence to prove his vicious disposition, and that it was not safe to permit him to be at large. The testimony in plaintiff’s behalf was sufficient to show that the dog had attacked and bitten, or attempted to bite, several persons before the injury complained of. There was also evidence enough to support the verdict that the defendant had notice sufficient to warn him of his duty to kill or confine the animal. The plaintiff’s brother testifies that in 1887, before the mischief complained of, he was bitten by the dog, while
The gravamen of the action is the neglect of the owner of an animal, known by him to be vicious and liable to attack and injure people, to restrain him so as to prevent the risk of damage; and the notice of such propensity must be such as to put a prudent man on his guard.
At the time of 'the injury complained of, the plaintiff and defendant, who had his dog with him, were present on the premises of a neighbor, who was engaged in threshing his grain. In the afternoon the plaintiff got into a scuffle with a third party, and, while this was going on, the dog suddenly attacked him, biting and lacerating his leg severely. Plaintiff’s testimony shows that the dog came up from behind and seized his leg without warning, and he denies that he provoked or stepped on him. One of defendant’s witnesses testifies that he “heard the growl of the dog,” and he looked
There are no other of the alleged errors, which seem to require particular consideration.
Order affirmed.