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Mahlandt v. Wild Canid Survival & Research Center, Inc.
United States Court of Appeals for the Eighth Circuit
588 F.2d 626 (8th Cir. 1978)
Mahlandt (plaintiff) brought suit on behalf of his minor son, Daniel, for injuries Daniel sustained in an alleged attack by a wolf. The wolf was owned by the Wild Canid Survival & Research Center, Inc. (Center) and was being kept at the house of its Director of Education, Kenneth Poos (defendants). Mahlandt sought to introduce into evidence three statements, two made by Poos, and one the minutes of a meeting of the Directors of the Center (Poos did not attend the meeting). The first statement by Poos was a note he left on his boss’s door that said that the wolf bit a child. The second statement was a verbal statement Poos made to his boss that the wolf had bitten a child. The minutes of the Center’s meeting reflect that a significant amount of discussion was held about the legal implications of the wolf biting a child. The trial court excluded all three statements as hearsay, and the jury found in favor of Poos and the Center. Mahlandt appealed.
Rule of Law
Holding and Reasoning (Van Sickle, J.)
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