Seegmueller v. Pahner

Citations

• 19 Ohio C.C. Dec. 693

Syllabus

<p>ANIMALS — NEGLIGENCE.</p> <p>Swing, Giffen and Smith, JJ.</p> <p>1. Keeping Basking Dogs as Negligence.</p> <p>While a harking dog may he a nuisance, it is not negligence to keep such a dog.</p> <p>2. Liability fob Injuries Caused bt Dog’s Frightening Child.</p> <p>Where there is no testimony in support of allegations that the defendant harbored a large St. Bernard dog, which he permitted to run without restraint and without a muzzle, or the taking of any means to protect the public from injury which might result from, the vicious disposition of said dog, a verdict awarding damages on account of injuries to a child, who ran in fright from the dbg and fell from a second story porch, must be set aside where it appears that the dog was on the premises of the defendant owner, and did not bite the child, or touch him, or do anything except bark.</p> <p>[For other cases in point, see 1 Cyc. Dig., “Animals,” §§ 112-135. — Ed.]</p> <p>[Syllabus approved by the court.]</p>