Bentz v. Page

Citations

• 115 La. 560
• 39 So. 599
• 1905 La. LEXIS 699

Syllabus

<p>1. Animals — Vicious Dogs — Liability or Master.</p> <p>Plaintiff, while on a public street, was attacked, thrown down, and his thigh bitten by a dog of defendant. Held that, in order to bring this case within the ruling of the Martinez Case, 30 South. 901, 106 La. 368, 55 L. R. A. 671, 87 Am. St. Rep. 306, it was necessary for defendant to show that the animal had always been of a kind temper, had never attempted to bite any one, and had never given occasion to suspect that he would bite; and, failing to do so, the law presumes that the defendant was in fault in not confining the animal, which was a strange dog, to the premises.</p> <p>2. Damages — Personal Injuries.</p> <p>In such a case, where the actual pecuniary loss was nearly $200, and pain was suffered for several weeks, a total award of $500 cannot be considered as excessive.</p> <p>(Syllabus by the Court.)</p>