The Texas Court Reporter Volume 3

The Texas Court Reporter Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...Campbell and E. P. Hamblen, for defendant in error.' Action by James Dow and wife against C. F. Koehler for damages. From a judgment in favor of plaintiffs, they bring error. Afiirmed. GARRETT, CHIEF JUSTICE.---This action was brought in the District Court of Harris Coun-ty for the Eleventh Judicial District by Bettie Dolen against Christian F. Koehler to recover damages for the bite of:1 vicious dog belonging to the defendant. After the institution of t-he suit the plaintiff intermarried with James Dow, who joined her as plaintiff pro forms. The cause was tried to a jury and resulted in a verdict and judgment in favor of the plaintiff for-the sum of $200, to reverse which, because the damages awarded are insuflicient, the plaintiff has sued out a writ of error to this court. On September 5, 1899, the plaintiff, then 19 years of age, in company with her mother entered the store of the defendant, who was doing business as a retail merchant in the city of Houston, and seeing a dog, stooped down and began to caress it, when it bit her on the chin. Five of the O dog's fangs entered the flesh, three above and two below the (Shin, those below 'penetrating through to the cavity of the mouth. The wounds were dressed at once by a. physician. The dog was a bull terrier eleven months old and of a vicious nature. It was shown that the bull terrier is a vicious breed of dogs, and that the defendant knew the breed and vicious nature of his dog, and yet allowed it to go at large and remain in his store unrestrained. In submitting the case to the jury the court charged them uponthe issue of contributory negligence. This has been assigned as error. But the jury having found a verdict in favor of the plaintiff, she was more

Product details

  • Paperback | 894 pages
  • 189 x 246 x 45mm | 1,565g
  • United States
  • English
  • black & white illustrations
  • 1236800958
  • 9781236800954