Royer

This is an appeal by the plaintiff from an order vacating and setting aside the judgment and granting a new trial.

Action was brought by the plaintiff in the superior court of Orange County against the defendants to recover damages for personal injuries sustained as a result of an attack by two vicious dogs alleged to have been harbored and kept by the defendants, ivho, it is further alleged, knew of the vicious characteristics of the dogs and that they were accustomed to bite people. The complaint prayed for damages in the sum of $2,550. The case was tried by jury and a verdict in favor of the plaintiff was rendered in the sum of seven -hundred dollars. Judgment was entered on the verdict with costs to the plaintiff amounting to $36.65.

On January 20, 1914, the plaintiff, a man seventy years of age, while riding his bicycle along the sidewalk in front of the 1 ‘Royer Place” in the city of Anaheim, was attacked by two dogs, a St. Bernard and a bull tender, which rushed out from the Royer place. The St. Bernard sprang upon the plaintiff and barked at him in a threatening manner, while the smaller dog, the bull terrier, seized the plaintiff by the calf of his right leg, tearing…