Mexborough & Swinton Times – Friday 15 August 1879
JURY CASE.
Smails v Hirst
Walter Smails, miner, Conisbro’, brought an action against Hy. Hirst, publican, to recover £25 damages for the bite of a dog.
Mr. G. Palmer, appeared for the plaintiff, and Mr. Hall for the defendant.
The plaintiff stated that on Saturday, the 14th of June, he went to the Fox Inn, kept by the defendant, and in about three-quarters of an hour the defendant came in with a retriever dog, which was said to be a savage animal, and had attempted to bite several people. When defendant came in he seized the dog by the ear, and said ” Carle, blow the horn,” and it made a noise, but plaintiff did not touch it. As plaintiff was going down Wellgate, about half-past five, he met the dog, which flew at him, and bit his arm in several places. He went to Dr. Hill and had the wounds, which were not very serious ones, canterised.
His Honour entered a non-suit, without allowing the case to go to the jury ; as it was not proved defendant knew the dog was a savage one, or that any damages had been sustained.