Roos

This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. A jury trial was had, and judgment went for the plaintiff in the sum of five hundred dollars. Defendant made a motion for a new trial, which was denied, and he now appeals from the judgment.

The complaint alleges that on the sixteenth day of May, 1917, the plaintiff was the owner of a Pomeranian dog of the value of one thousand dollars; that the defendant was the owner of an Airedale, of vicious disposition and dangerous character, which on said date and for a long time prior thereto was evilly disposed toward other dogs and was accustomed to attack them without provocation, all of which matters were well known to the defendant; that nevertheless, the defendant carelessly and negligently permitted said Airedale to go upon the public streets of San Francisco unleashed and free from restraint, and that on the day mentioned, without provocation and while the plaintiff’s dog was proceeding peaceably along the public street, said Airedale attacked it from behind, the attack resulting in breaking…