
    NECESSARY ALLEGATIONS IN AN ACTION FOR A DOG BITE.
    Circuit Court of Hamilton County.
    Leopold Kleybolte v. Clifford D. Buffon, a Minor.
    
    Decided, January 6, 1912.
    
      Pleading — In an Action for Injuries from the Bite of a Dog — Misconduct of Counsel — Sow Presented to Reviewing Court — Section 4212-2, Revised Statutes.
    
    In an action for damages on account of injuries resulting from a dog bite, it is not necessary to allege that the dog was vicious, or that its vicious disposition was known to the owner, and it is not error to admit evidence as to the character of the dog with reference to his being vicious or otherwise.
    
      Kramer & Bettman, for plaintiff-in error.
    
      L. E. Pummill and J. A. Ruclel, contra.
    
      Smith, P. J.; Swing, J., and Jones, J., concur.
    
      
       Affirming Buffon v. Kleybolte, 12 N.P.(N.S.), 80.
    
   As Section 4212-2, Section 2, R. S., now reads it" is not necessary that the petition in this case should have stated that the dog owned and harbored by plaintiff in error was vicious and that this viciousness was known to the owner.

We see no error in the admission of evidence as to the character of the dog, whether or not he was or was not a vicious animal, nor in the charge of the court upon the question of damages. Under the facts as disclosed by the record we think the special charges and general charge correctly state the law in the case.

The verdict for $366 is not excessive.

The alleged misconduct of counsel for defendant in error in his address to the jury can not be considered by this court under the case of State v. Young, 77 O. S., 529, where it is held, that “remarks of counsel in addressing a jury, to be the predicate of a proceeding in error on the ground of misconduct, must be brought into the record of the trial by the certificate of the trial judge as are other matters occurring upon the trial and in his presence. They can not be introduced by affidavit.”

As there are no errors in the record the judgment is affirmed.  