MILLER v. HURST


302 Pa.Super. 235 (1982)

448 A.2d 614

Dennis L. MILLER and Constance J. Miller, in their own rights and as parents and natural guardians of Scott Lee Miller, a Minor, Appellants, v. Elvin HURST.

Supreme Court of Pennsylvania.

Filed July 23, 1982.

Petition for Allowance of Appeal Denied November 4, 1982.


Attorney(s) appearing for the Case

Neil J. Rovner, Harrisburg, for appellants.

Wiley P. Parker, Lebanon, for appellee.

Before CERCONE, President Judge, and CAVANAUGH, ROWLEY, WIEAND, McEWEN, CIRILLO and MONTEMURO, JJ.


WIEAND, Judge:

In this appeal, we are asked to determine whether a dog owner who permits a dog to run free in violation of a law requiring that the dog be restrained is liable, without further proof of negligence, for injuries caused when the dog bites a small child. This issue arises because the trial judge entered a compulsory nonsuit in an action brought by the child's parents to recover for injuries caused...

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