Hayes v. Mongiovi

ZEPHYR HAYES, PLAINTIFF-APPELLANT, v. BENEDETTO MONGIOVI, T/A MOM BUTCHER SHOP AND/OR VICTORY MORTGAGE CORP., DEFENDANT-RESPONDENT.

New Jersey Superior Court Appellate Division

Submitted October 23, 1973.

Decided November 8, 1973.

New Jersey Superior Court Appellate Division · decided 1973-11-08

Relies on Groner v. Hedrick · 121 N.J. Super. 272 - Hayes v. Mongiovi · Francois v. Hanff

Good law ✅— No negative treatment on recordhow we know

Decided 1973-11-08

How this case has been cited

Cited by 5 later decisions — most recently February 1995

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 *414 Before Judges LEONARD, ALLCORN and CRAHAY.

¶2Mr. Emanuel S. Fish, attorney for appellant.

¶3No brief was filed on behalf of respondent.

¶4PER CURIAM.

¶5In this case involving personal injuries received by a person who was knocked down by a 150-pound Great Dane dog, we affirm essentially for the reasons stated by the trial judge in his written opinion reported at 121 N.J. Super. 272 (Law Div. 1972).

¶6On this appeal plaintiff argues alternatively that solely by reason of the size of the dog, defendant-owner should be held as an insurer of any person knocked down thereby, without the necessity of showing scienter. This point lacks merit. See Groner v. Hedrick,403 Pa. 148, 169 A.2d 302 (Sup. Ct. 1961).

¶7Francois v. Hanff,77 N.J.L. 364 (Sup. Ct. 1909), relied upon by plaintiff, concerns runaway horses and is inapposite.

¶8Affirmed.