Hensley v. McBride

California Court of Appeal Feb 19, 1931 No. Docket No. 7747.Published

Before: Spence

AI Brief

AI-generated · verify before citing

Holding. The court held that an owner is not liable for injuries caused by a dog unless there is evidence that the owner knew the dog possessed vicious propensities toward human beings. Evidence of a dog's prior fights with other dogs is insufficient to establish such liability.

Issues

Whether an owner is liable for a dog bite absent proof of the owner's knowledge of the dog's vicious propensities toward humans.
Whether knowledge of a dog's aggressive behavior toward other animals is sufficient to establish liability for injuries to a person.

Disposition. reversed

Quotations verified verbatim against the opinion

“In an action to recover damages resulting from the biting by a dog, it is necessary to prove: (1) that the dog bit the plaintiff; (2) that the dog was vicious and accustomed to bite people; (3) that this fact was known to the defendant”

“the law of this state has never imposed liability upon the owner of a dog for injuries inflicted upon other persons in the absence of a showing of knowledge on the part of the owner that the dog possessed such vicious propensities.”

SPENCE, J.

Plaintiff sought to recover damages for an injury sustained when bitten by a dog belonging to defendants. The cause was tried by the court sitting without a jury and from a judgment in favor of plaintiff defendants appeal.

Plaintiff alleged in her complaint that the dog was of “vicious disposition and dangerous character, and evilly disposed toward human beings and other dogs, and accustomed to attack them without provocation, all of which matters were well known to defendants.” The court found that the dog was of a “mischievous disposition and of a dangerous character, and evilly disposed toward other dogs and accustomed to attack them, all of which matters were well known to defendants.” No finding was made relating to any propensity on the part of the.dog to bite or attack human beings. Appellants contend' that the evidence was insufficient to support the -findings and judgment and in our opinion this contention must be sustained.

It appeared that the dog had been owned by appellants for six years. There was no evidence to show that-prior to the day in question the dog had ever bitten or attacked or attempted to bite or attack anyone. Appellants testified that their dog had engaged in a few fights or tussles with other dogs, but it did not appear that he had ever bitten or injured any other dog. Although permitted to run at large and to mingle with adults, children and animals, it was not shown that the dog had ever done any harm or that any complaint had ever been made concerning his actions. On the occasion in question the dog was barking at respondent’s dogs and the injury was received when respondent picked up her two small dogs to carry them away.

.. The well-settled rule relating to the liability of the owner of a dog is stated in 2 California Jurisprudence, page 73, as follows: “In an action to recover damages resulting from the biting by a dog, it is necessary to prove: (1) that the dog bit the plaintiff; (2) that the dog was vicious and accustomed to bite people; (3) that this fact was known to the defendant, and (4) that the dog was harbored or kept by the defendant.”

(Smith

Royer,

181 Cal. 165 [183

[52]

Hensley v. McBride

AI Brief

SPENCE, J.

More from California Court of Appeal

Related research

AI Brief