Lindley
Lindley v. Knowlton
Opinion
Lead Opinion
Richards, J.
This is an appeal from a judgment in favor of the plaintiff and against the defendant for the sum of one thousand five hundred dollars, damages for injuries received by the plaintiff, a minor child of the age of nine years at the time of his said injuries, in consequence of an attack made upon him by a chimpanzee which was owned by the defendant and which was negligently allowed to go at large, and which, entering the home of the parents of the plaintiff, made there the attack upon him from which the injuries resulted which led to this action.
The facts of the case are set forth at length in the case of Lindley v. Knowlton, 179 Cal. 298 , [ 176 Pac. 440 ], to which reference is hereby made. [1] The cause was tried before the court, and the only error complained of by the defendant in this case is that there was not sufficient evidence to justify the finding of the court “that said minor Milton Lindley has been damaged in the sum of one thousand five hundred dollars.”
Without reviewing all of the evidence upon which this finding is based, it will be sufficient to state that there was evidence offered on behalf of the plaintiff showing that about the hour of 9 o’clock in the…