60 Vt. 285 | Vt. | 1888
Tbe opinion of tbe court was delivered by
On tbe facts found by tbe County Court, its judgment for tbe defendant was correct. Tbe owner of a dog known to be vicious, has the right to keep him, if he exercises proper care and diligence to secure him so that he will not injure any one who does not unlawfully provoke, or inter-meddle with him. Tbe court has found that the defendant knew tbe dog was vicious and képt him chained during the day time in his barn, and that he broke away and injured tbe plaintiff by reason of being unlawfully provoked by tbe plaintiff, who bad no lawful occasion to go to tbe barn where the dog was chained. Hence, tbe only question for consideration is whether the court improperly excluded tbe offered testimony