Rumbaugh v. McCormick

McCormick and Blair (plaintiffs) sued Rumbaugh (defendant) for injuries to their sheep, presenting direct evidence that Rumbaugh's dog attacked and injured the sheep. The trial judge also let a witness for Blair testify that Rumbaugh's dog had been seen attacking McCormick's and Blair's sheep on several past occasions. Rumbaugh testified his dog was tied up at the time of the attack and suggested the witness may have confused his dog with a similar dog owned by McCormick. The jury found for McCormick and Blair, and Rumbaugh appealed, arguing the trial judge erred by admitting the witness's testimony about the dog's past behavior.