O'Rourke

This action was brought to recover $5,000 damages on account of personal injuries to plaintiff, a minor, by. being severely bitten and wounded by a dog alleged to have been kept by defendants, and allowed by them negligently to run at large. The case was tried with a jury, and a verdict returned for the plaintiff in the sum of $1,000, upon which judgment was accordingly entered. Upon motion for a new trial by all the defendants the judge who tried the case and heard the evidence made an order for a new trial, to be granted unless the plaintiff would remit from the amount of the judgment the sum of $250. This amount was remitted by plaintiff by consent in writing duly filed, whereupon the court made an order denying the motion for a new trial, and thereupon judgment was entered for plaintiff in the sum of $750.

Defendant Finch prosecutes this appeal from the order denying a new trial. The other defendants have not appealed.

It is argued by appellant that the evidence is insufficient to show that he was, at the time the plaintiff was bitten by the dog, the owner or keeper of such dog, or that he had knowledge of its vicious propensity to bite. We have carefully examined the…