This was an action brought by the plaintiff against the defendant, who lived in Fenchurch-street, to recover compensation in damages for an injury he had sustained in consequence of the defendant's dog having bitten him. The plaintiff's evidence went to show that he went to work at the defendant's in January last; that the defendant had a very fierce Newfoundland dog on the premises; that he had refused to work there unless the dog was tied up, as he had bitten him some time before; that on the day in question, as he was going up a ladder about his work in the defendant's yard, some person let the dog loose, which then ran and attacked him, in consequence of which he was prevented from attending to business for 12 days, and had paid a surgeon 1£ 12s. for attending him. The defendant's witnesses stated that the plaintiff had been in the habit of teasing the dog, which was extremely docile, and that he did so on this occasion.
Lord DENMAN said it was a mere question — was the dog fierce or not?
The Jury having retired for some time, returned a verdict for the defendant.