LIABILITY OF OWNER OR KEEPER. 409 



for any damage done to a passer-by.^^" And if the owner 

 of a dog in possession of his bailee declines to take care of 

 it at the latter's request, or to consent to proper measures 

 being taken to prevent its doing mischief, he is liable for any 

 resulting injuries.^*^ 



An uncle who permitted a minor nephew living with him to 

 keep a dog known to be vicious, was held liable for injuries 

 ■caused thereby to a child, the court adding, "We do not wish, 

 however, to be regarded as assenting to any general rule that 

 the owner of the premises on which a dog may be harbored 

 is liable for its vicious acts regardless of the age, employrpent 

 or home of its owner, or the circumstances under which the 

 injury was inflicted. The question of liability must depend 

 on the circumstances in each case." ^®^ Where a father put 

 his dog in the hands of his son to keep it from his creditors, 

 the son having the right of control, the latter was held liable 

 for an injury committed by the dog.^®* 



The question of liability as between husband and wife de- 

 pends necessarily on local laws. In New York in an action 

 against both to recover damages for the bite of a dog, it ap- 

 peared that the husband owned the dog but kept it upon his 

 wife's premises on which they both lived, she paying the ex- 

 penses of the household and being aware of the dog's 

 character. There was no evidence that the husband had 

 property on the premises or was her tenant or had control of 

 lier property or directed the animals or knew of the dog's 

 nature, and it was sought to hold him simply on the ground 

 of his marital liability for his wife's torts. It was held that she 

 was liable and that a judgment against him was erroneous.^** 

 The fact of her owning the premises does not make her liable, 

 however, for injuries by her dogs where the husband is a 



"•Harris v. Fisher, 115 N. C. 318. 



'" Lettis V. Horning, (>^ Hun (N. Y.) 627. And see Renwick v. Von 

 Hotberg, 2 Rettie (Sc. Ct. Sess.) 855. 



'" Snyder v. Patterson, 161 Pa. St. 98. '" Marsh v. Jones, 21 Vt. 378. 

 '°* Quilty V. Battie, 135 N. Y. 201. 



