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KARLOW v. FITZGERALD

No. 15895.

288 F.2d 411 (1961)

Peter S. KARLOW, Appellant, v. William FITZGERALD, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 20, 1961.

Petition for Rehearing Denied March 24, 1961.

Attorney(s) appearing for the Case

Mr. Frank F. Roberson, Washington, D. C., for appellant. Mr. James A. Belson, Washington, D. C., also entered an appearance for appellant.

Mr. Laidler B. Mackall, Washington, D. C., for appellee.

Before WILBUR K. MILLER, Chief Judge, and MAGRUDER, Senior United States Circuit Judge for the First Circuit, and FAHY, Circuit Judge.

Petition for Rehearing En Banc Denied March 24, 1961.

MAGRUDER, Circuit Judge.

Plaintiff and defendant were neighbors. Defendant's bulldog, named Bowser, went onto plaintiff's premises without the plaintiff's having shown any prior manifestation of consent to such entry. Plaintiff testified on his direct examination that when the defendant's dog came upon his premises it first attacked him by biting him on the arm...

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