79 N.E.2d 787 (Ohio App. 1947)
- 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.
The judgment was modified and affirmed as modified.
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