Perazzo v. Ortega

In Perazzo v. Ortega, 29 Ariz. 334, 342, 241 P. 518, 520 (1925), appeal after remand, 32 Ariz. 154, 256 P. 503 (1927), the plaintiff sued a grandfather under a common law theory of liability for injuries caused by a dog owned by the grandfather's grandson, who lived with the grandfather and his family. 29 Ariz. at 342, 241 P. at 520; 32 Ariz. at 162, 256 P. at 506. The plaintiff presented evidence that even though the grandfather had not consented to the dog's presence, he nevertheless had allowed the dog to live with his family because his wife and "the children" liked dogs. 29 Ariz. at 341-42, 241 P. at 520. The grandfather had also allowed his wife to take care of the dog. Id. at 342, 241 P. at 520. The Arizona Supreme Court recognized this evidence was "sufficient" for the jury to find the grandfather was "harboring and keeping" the dog and thus had constructive notice of the dog's "vicious" disposition. Id. The court also recognized the plaintiff did not have to prove the grandfather was the dog's owner because this evidence "was sufficient to go to the jury on the question of the [grandfather] being [its] keeper." Id. at 343, 241 P. at 520.