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WURTZLER v. MILLER

31 Wis.2d 310 (1966)

WURTZLER, Respondent, v. MILLER, Appellant.

Supreme Court of Wisconsin.

June 7, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Aberg, Bell, Blake & Metzner and Gerald J. Bloch, all of Madison, and oral argument by Mr. Bloch.

For the respondent there was a brief by Maurice B. Pasch and Harry Sauthoff, Jr., both of Madison, and oral argument by Mr. Sauthoff.

HALLOWS, J.

For the purpose of this appeal we will assume without deciding that plaintiff's original complaint, which was served within the three-year period permitted by sec. 330.205, Stats., for commencing the action, was defective because of the failure to either allege: (1) That defendant's dog was mischievous or vicious, or (2) specific acts of negligence on the part of the defendant with respect to the keeping of his dog.2 Based...

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