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FOY v. DAYKO

82 N.J. Super. 8 (1964)

196 A.2d 535

THOMAS FOY, PLAINTIFF-RESPONDENT, v. DANIEL DAYKO AND JULIA DAYKO, INDIVIDUALLY AND T/A SEA HORSE TAVERN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 1964.

Attorney(s) appearing for the Case

Mr. A. Henry Giordano argued the cause for appellants.

Mr. Maurice B. McLaughlin argued the cause for respondent.

Before Judges CONFORD, FREUND and SULLIVAN.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This case presents the novel question whether provocation or contributory negligence are defenses to an action for a dog bite under the modification of the common-law rule resulting from the enactment by L. 1933, c. 427 of what became R.S. 4:19-16. In the present case the plaintiff recovered a jury verdict of $7,000 after the trial court declined to charge contributory negligence. Defendants...

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