WIKE v. ALLISON

No. 5214.

105 N.H. 393 (1964)

EDWIN WIKE v. ARTHUR ALLISON.

Supreme Court of New Hampshire.

Decided June 2, 1964.


Attorney(s) appearing for the Case

James M. Winston (by brief and orally), for the plaintiff.

Devine, Millimet, McDonough, Stahl & Branch (Mr. J. Murray Devine orally), for the defendant.


LAMPRON, J.

In order to recover at common law, the plaintiff had the burden of proving that the defendant, who owned the dog which bit him, knew or had reason to know that his dog had vicious propensities. McIntire v. Plaisted, 57 N.H. 606, 609; Gagnon v. Frank, 83 N.H. 122, 123; Restatement, Torts, ss. 509, 518; 4 Am. Jur. 2d 332.

Plaintiff testified that the dog "didn't look dangerous to me." Defendant and his wife testified...

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