Grissom v. Hofius

Citations

• 39 Wash. 51
• 80 P. 1002
• 1905 Wash. LEXIS 814

Syllabus

<p>Animals — Vicious Dos — Partnership — Pleading and Proof — Variance—Ownership of Dog—Partners of Defendant Not Joined. In an action for personal injuries sustained through, the bite of a vicious dog, it is not a variance that the complaint alleged that the dog belonged to the defendant and the proof showed that it was owned by a copartnership of which the defendant was a member; since the defendant was not misled nor prejudiced by the allegation that he owned the dog, and each partner is liable for the torts of the copartnership.</p> <p>Parties — Defect — Partnership — Copartners Not Joined in Action of Tort—Waiver. One partner, sued for the torts of the copartnership, cannot take advantage of any defect in parties defendant, where the objection was not raised by demurrer or answer.</p> <p>Animals—Vicious Dog—Scienter—Knowledge of Keeper—Evidence—Sufficiency. In an action for personal injuries sustained through the bite of a vicious dog, there is sufficient evidence of the defendant’s knowledge of vicious propensity, where it appears that the dog had previously bitten two other persons in the presence of defendant’s watchman, who was the dog’s keeper, and who on prior occasions had prevented the dog from attacking others, and that he was kept about the premises as a watch dog, although the defendant and the watchman denied any knowledge of vicious propensity; since the watchman’s notice of the dog’s disposition was sufficient and was notice to the defendant.</p> <p>Same—Damages for Personal Injuries—When Not Excessive. In an action for personal injuries sustained through the bite of a vicious dog, a judgment for $3,000 will not be reversed as excessive, where the plaintiff was confined to his bed for seven weeks, and suffered much pain, and at the trial, three months after the injury, his leg was stiff and the wound still a running sore, and where the jury returned a verdict for $4,000, which was reduced by the trial judge.</p>