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Old 05-18-11, 09:56 AM
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dbf73
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Originally Posted by TomD77
I perked up on the 3rd case because it was a biker who had filed complaint against a dog owner because of the dog entering the public right of way to chase him, a duplicate of my case. The case immediately degenerated into a "my dog would never leave the yard" vs "yes he did", "no he didn't", etc, etc. The judge dismissed the case saying he couldn't rule to convict based only on no other evidence than disputed testimony.
did this homeowner actually claim to witness the dog not leaving the yard? If not, there is really no disputed testimony - the biker's witness of an event vs what the owner wishes/hopes his/her animal would do. I'd have made clear there was really no dispute.
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