9 Pa. Super. 25 | Pa. Super. Ct. | 1898
Opinion by
The plaintiff, while lawfully passing over the Haverford College grounds, was bitten and seriously injured by the defendant’s dog. This action was brought to recover for the injuries thus received, and resulted in a verdict and judgment in her favor. On the argument here it was admitted that the defendant was the owner of the dog at the time of the injury to the plaintiff 'and prior thereto; and that, under the evidence, the verdict was not excessive. But it was earnestly argued that the evidence did not show the dog to be vicious theretofore, or that the defendant had reason to believe the animal vicious, prior to the injury complained of here. It was further contended that the evidence on these points was not sufficient to warrant the submission of the case to the jury. This proposition was supported by a very able and exhaustive argument, in which the distinction between a mere scintilla of evidence, and that which is reasonably sufficient in law to support a verdict, was lucidly presented. We think, however, there was evidence touching the prior mischievous conduct of the dog,
From the plaintiff’s testimony it' appears that the dog attacked her, in a manner quite similar to the former attacks on the other women, but that, disregarding the command of Mrs. Lloyd, he bit the plaintiff’s arm. It is not necessary, in order to recover in this action, to show that the dog had actually bitten another person, before biting the plaintiff. If the dog evinced a propensity or habit indicating an intention to bite, the owner, having a knowledge of this, will be held responsible for any subsequent injury growing out of such propensity. This case was tried in accordance with the well-established principles of law announced and applied in Mann v. Weiand, 81* Pa. 248. Under the authority of that case this judgment must be affirmed.
Judgment affirmed. ■