
    WOOD, Respondent, v. HAMILTON, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    December 4, 1912.)
    Action by Alice L. Wood against William J. Hamilton.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that there was no evidence of any previous vicious act of the dog, .nor that defendant had knowledge of any such act, or that the dog was of a vicious character.

McLENNAN, P. j.,

dissents, upon the ground that the evidence fairly established that the dog was vicious to the knowledge of the owner.  