National Mutual Insurance Company District Columbia v. Nick Dotschay

The respondent was attacked by the petitioners dog and knocked to the pavement of a public way receiving injury though she was not bitten by the animal. The trial judge entered a summary judgment in favor of the defendant, petitioner, as he entertained the view that since Sec. 767.01, F.S.A., had been repealed by Sec. 767.04, F.S.A., the plaintiff was relegated to the Common Law and under it there could be no recovery unless the owner was aware of the vicious nature of the dog. He reasoned that as there had been no proof of scienter on the part of the owner, defendant, there was no issue to be tried, so he summarily disposed of the controversy.