Barger v. Jimerson
| Decision Date | 15 November 1954 |
| Docket Number | No. 17307,17307 |
| Citation | 130 Colo. 459,276 P.2d 744 |
| Parties | Ray J. BARGER and B. Berry Barger, Plaintiffs in Error, v. Joy JIMERSON and W. E. Jimerson, Defendants in Error. |
| Court | Colorado Supreme Court |
John F. Mueller, Frank L. Hays, Jr., Denver, for plaintiff in error.
Harry A. Feder, Denver, for defendant in error.
Plaintiffs in error, defendants in the trial court, seek reversal of a judgment in the sum of $4,773 against them for and on account of injuries alleged to have been inflicted on defendant in error Joy Jimerson, for and on account of an attack made upon her by a vicious dog of which plaintiffs in error were the owners and which, it is alleged, they permitted to run at large.
Prior to the 27th day of March, 1952, Joy Jimerson, to whom we herein refer as plaintiff, resided at 2815 Oneida street where she had lived for about four years. For a period of less than a year the Bargers, defendants, lived next door at 2825 Oneida street, leaving that address about August, 1951. The back-yards of the two premises were fenced and particularly the back-yard of defendants there they kept a large dog, to which we herein refer as a German Shepherd, and which never was a allowed to be out of the enclosure except upon a leash. At the trial before a jury many witnesses testified to the effect that the dog appeared to have a ferocious nature and when anyone appeared, would commence barking and run to and lunge on the fence. If anyone desired to enter the premises from the rear, it was necessary to call the owner who would come and hold the dog, as is illustrated by the calls of the meter reader who testified to that effect. Plaintiff testified that whenever she went into her back-yard, which was several times a day, the dog always barked and would come tearing toward her and jump onto the fence, even though she tried to calm it by talking to or appearing to be kind to it. A number of other witnesses testified that their children and other children played in the back-yard with the dog; that it was friendly to the children; that they did not consider the dog to be vicious or dangerous; and defendants testified to that same general effect, emphasizing that the dog seemed to have a protective disposition as to property. Defendants moved to a new address, 2220 Rosemary street, where they kept the dog under similar conditions.
At about 7:00 o'clock on the morning of March 27, 1952 plaintiff, Joy Jimerson, went out in front of her place to get the morning paper. As she went down the driveway on her property, she heard a ferocious growling and saw a dog coming at her; it attacked her by grabbing her left ankle; and she fell. The dog continued chewing on her leg and she finally got into the house and called the police who responded and dressed her wounds by washing them with soap and water. The police concerning inquired in the neighborhood concerning the dog and it was learned that the dog was seen at the old premises the day before; and the police officer testified that, upon learning of the new address of the Bargers, he went thereto to ascertain if it was their dog and was told by Mrs. Barger that the dog had escaped several days before and that they were about ready to advertise for it. Mrs. Barger went to the old premises next door to plaintiffs', got the dog and took it home.
There is little reason to detail all of the testimony concerning the dog and its behavior, pro and con, and we content ourselves by relating the general over-all picture as hereinbefore stated. Beside the testimony of plaintiff as to her injuries, her doctor testified that she had suffered a muscular disability to her left leg that was permanent in its nature; that phlebitis set in as a result of the dog bites; that she had pain in her left leg as late as October, 1952; that she had suffered damage to the muscles, nerves and bloodvessels in the left leg; and that scars on her left leg as a result of the dog bites would never disappear. A doctor, testifying on behalf of defendants, stated under cross-examination that there was...
To continue reading
Request your trial
-
Tipton v. Town of Tabor
...v. Hunter, 158 Cal.App.2d 770, 323 P.2d 202, 204 (1958)(animal confined in a manner appropriate for dangerous beast); Barger v. Jimerson, 130 Colo. 459, 276 P.2d 744 (1954); Layman v. Atwood, 175 Ind.App. 176, 370 N.E.2d 933 (1977). These cases all refer to knowledge on the part of owners. ......
-
Kaplan v. C LAZY U RANCH
...of a domestic animal proven to be vicious where the owners were aware of their animal's dangerous propensities. Barger v. Jimerson, 130 Colo. 459, 276 P.2d 744 (Colo.1954). Horses, however, "are regarded as domestic animals virtually everywhere, and as to these, therefore, strict liability ......
-
Vigue v. Noyes, 12237--PR
... ... 240] ... liability for injuries inflicted. Barger v. Jimerson, 130 Colo. 459, 276 P.2d 744 (1954) ... We agree with the Court of Appeals that the record is devoid of sufficient ... ...
-
Bradley v. Hendricks
...trial court in refusing to grant a motion for a new trial following a verdict for the plaintiff. In the Colorado case of Barger v. Jimerson, 130 Colo. 459, 276 P.2d 744, evidence showing that a dog which was kept in a fenced yard would lunge at everyone who came by, although it never bit an......