BABIN v. ZURICH INS. CO.

No. 7515.

336 So.2d 900 (1976)

Guy E. BABIN, Individually and as Administrator of the Estate of the minor, Guy E. Babin, Jr. v. ZURICH INSURANCE COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing September 14, 1976.


Attorney(s) appearing for the Case

Donald P. Schwarz, Matthew J. Hill, Jr., Robert B. Chopin, Mitairie, for plaintiff-appellee.

John P. Hammond, Montgomery, Barnett, Brown & Read, New Orleans, for defendants-appellants.

Before GULLOTTA, STOULIG and MORIAL, JJ.


MORIAL, Judge.

The sole issue in this appeal is whether the conduct of a 3½ year old child can exculpate a dog owner from the consequences of his dog's actions.

On May 19, 1972 Guy E. Babin, Jr., age 3½ years, was bitten about the face and shoulder by a dog owned by defendant, Richard X. Patin, while the child was a guest in the Patin home. As a result of the accident, the child was taken to the Mercy Hospital emergency room where his wounds were...

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