Hill v. Skinner case brief

Hill v. Skinner case brief summary
79 N.E.2d 787 (Ohio App. 1947)

CASE SYNOPSIS

In an action seeking to hold appellant dog owners liable for damages arising out of an episode in which the dog was alleged to have injured appellee minor, the dog owners challenged the judgment of the Court of Common Pleas of Summit County (Ohio), which awarded damages to the minor.

DISCUSSION

• The court found that testimony of the child, four years old at the time, that the dog bit him, did not meet the requirements for admissibility as a spontaneous statement and was improperly admitted. 
• However, the court also determined that the submission of the testimony to the jury did not constitute prejudicial error. 
• The court found that Ohio Gen. Code §§ 5838 and 5839 made a biting dog who caused a judgment to be rendered against its owner a nuisance as a matter of law and required execution of that dog. 
• The trial court judgment, therefore, was modified to the extent of complying with the provisions of § 5839, and as so modified the judgment was affirmed.

CONCLUSION
The judgment was modified and affirmed as modified.

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