Keightlinger v. Egan

Citations

• 65 Ill. 235

Syllabus

<p>1. Animals—case for personal injv/ry by dog. The fact that the owner of a dog knew that it was of a savage and ferocious disposition, and allowed it to run at large, is not of itself sufficient to make the owner liable, in an action, to one bitten by such dog. The dog might have had such a disposition as to other animals, but not towards persons. To charge the owner, he must have had knowledge of the dog’s propensity to bite mankind.</p> <p>2. Same—instruction. Where the court instructed the jury that if they believed, from the evidence, that the plaintiff was bitten by the defendant’s dog, and that said dog was of a savage and ferocious disposition, and known by the defendant to be such at and before the time of such biting, they should find for the plaintiff, it was insisted the error, if any, in the instruction, was cured by the proof of the disposition of the dog towards persons: Held, that as the evidence was not thus confined, but proof was admitted of the dog’s attacking a horse, and that the witnesses considered him a cross and unsafe dog, the instruction was erroneous.</p> <p>3. Same—instruction as to damages. In the same instruction, the court told the jury if they found for the plaintiff, they might find such damages as in their judgment, from the evidence in the cause, the plaintiff ought to recover: Held, that the instruction, in this respect, was erroneous, as it left the jury to their individual notions of right and wrong in their assessment of damages, unguided by any legal rule of damages, and without regard to the damages sustained.</p> <p>4. Same—exemplary damages. It seems that, in an action on the case against the owner of a dog, by one bitten by such dog, the owner not being present at the time of the injury, the plaintiff' is not, as a matter of course, entitled to recover punitive damages. The damages should be such as the plaintiff sustained.</p> <p>5. In a suit to recover damages from the owner of a dog which had bitten the plaintiff, th