Snell (D)'s dog bit Baker (P). The dog was known for biting people (even D). P was a servant of D. P was in the kitchen with D's other servants. Jokingly, D said 'I will bet the dog will not bite anyone,' and then 'Go it, Bob.' The dog then bit P. P was nonsuited on the ground that the conduct of the barman who had the dog in charge amounted to an assault by him. The Divisional Court sent the action to a new trial because it felt it was not a satisfactory trial.

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