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Unformatted text preview: Rule: For the defendant to properly defend, it must have been his duty to break up the dogs, or he must have been using ordinary care (not being reckless). Rational: The courts were fighting over the rule. Whether they needed both ordinary care and a duty, or just ordinary care. Holding: Sent back to trial court to find whether there was ordinary care and a duty. Synthesis: Dissent/Concurrences:...
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- Fall '11