Davis v. Mene
Davis v. Mene
Opinion of the Court
This is an action for damages caused by the bite of a dog. Plaintiff had judgment and the defendants appeal. It is impossible to make a statement of the facts of the case, except from assertions made in the briefs of each of the parties and not denied by the other. Both counsel recite facts without reference to the repord, and this fault is so frequent that we are unable to make a statement from that source.
From the meager material presented to us the facts appear to be these: Respondent went on a business errand to the house of one of the appellants. The dog was on the front porch of the dwelling, tied to a post by a chain nearly six feet in* length, which allowed him to get to or near the entrance door. When respondent was at this point he was bitten by the animal.
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In discussing the sufficiency of the evidence to support a certain finding, appellants charge respondent with contributory negligence “in walking within the length of the fifty-seven inch chain on which a vicious looking bulldog was attached to one end thereof.” Respondent, in his turn, claims that appellants were negligent “in chaining him so close to the door that he could bite an unsuspecting caller as was done in this case.” As the burden is on appellant to show error (Kellogg v. Kellogg, 170 Cal. 84 [148 Pac. 518]), and as we are pointed to no evidence on this interesting subject by either counsel, we shall assume that respondent was not aware of the presence of the dog, and that the charge of contributory negligence is an unjust imputation upon him.
The judgment is affirmed.
Finlayson, P. J., and Craig, J., concurred.
Reference
- Full Case Name
- ARTHUR W. DAVIS, Respondent, v. LOUIS MENE Et Al., Copartners, Etc., Appellants
- Cited By
- 6 cases
- Status
- Published