McCarthy v. Croker

In McCarthy v. Croker, 549 P.2d 323, 325 (Wyo. 1976), dismissal was granted at the end of the plaintiff's case on the ground that the defendant's knowledge that his dog had nipped at a neighbor's horse did not create an inference that the plaintiff knew the dog had a propensity to bite humans. The allegation in the complaint had been that the defendant "'wrongfully kept a dog, well knowing him to be of a ferocious, vicious and mischievous disposition and accustomed to attach and bite man kind .'" Id. at 324. In affirming the dismissal, the Court agreed with the statement that "'the determinative factor in the present case is knowledge of vicious propensities . . .."' Id.