Hicks

This is a suit for damages for injuries received as a result of the negligent harboring of an ill-tempered and dangerous dog.

The evidence satisfactorily shows the defendants owned and kept in Alturas a medium-sized wolfhound which was over four years of age. The dog had previously attacked other persons. It was known to the neighbors and school children to be ill-tempered. It had a savage nature. It was feared by many as a cross and dangerous dog. The defendants knew of this disposition of the dog. At the request of the chief of police they had provided the dog with a leather muzzle. It was, however, permitted to run at large.

On the occasion of the attack by the dog which is involved in this suit, the plaintiff was crossing the street in the vicinity of the defendants’ residence. The dog, without provocation, came barking and lunging at her. She fought it with her shopping-bag. In the encounter she fell and seriously injured her hip. The court, sitting without a jury, rendered a judgment for the plaintiff in the sum of three hundred dollars. Prom this judgment the defendants have appealed.

Regarding the encounter, the plaintiff testified:

“This dog just came running and…