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4 Cards in this Set

  • Front
  • Back

Messa v. Sulivan

Deaf woman sells at Sulivan's building. Bit by a dog on 5th floor. Sues for common law vicious animal, and damages. Common law found for defendant. Damages found for plaintiff. She was lawfully in the building, and no provocation. Her movements were not provoking.

Siewerth v. Charleston

Boys playing with dog. Plaintiff bitten after warnings and other boy kicks dog. P wins original trial. D appeals and wins. Provocation - continuous provocation. Intent. Other elements (lawful presence and peaceful conduct thrown out)

Dobrin v. Stebbins

Affirmed for P. Boy selling magazines, goes up front walk to Stebbins house. Chained dog bites him, but wasn't well seen. No signs on property. Walk leading to property extends treatise if there are no signs. Lawful presence is there. No provocation and yes peaceful conduct

Nelson v. Lewis

Girl steps on Dalmatian's tail. dog scratches her. Peaceful conduct, and provocation. Intent does not matter, age does not matter. Unintentional act is still provocation. Peaceful conduct wasn't addressed. Defendant wins.