This time, I heard that Liu Cai in Lincun was bitten to death by a dog, and the day before Zhao Sanhua asked someone to make peace, Zhang Datou found Liu's family, first regretted and comforted, and then scolded Zhao Sanhua for being unkind, and finally fooled the Li family to go to the court to sue and get him 500,000 yuan.

The Liu family wanted to make a fortune from this, for them, Liu Cai's death certainly made them a little sad, but then again, this Liu Cai didn't do anything good when he was alive, not only stealing money from outsiders, but also stealing money from his family, and the family hated him so much that the roots of their teeth itched, and they didn't know how many times they cursed him behind their backs.

Now that people are really dead, the family is thinking more about how much money they can get from the Zhao family, which may be the only good thing Liu Cai does for them.

Originally, the Liu family wanted to go to the city to find a lawyer to fight a lawsuit, but Zhang's big head flickered and said that the Liu family was alive, and finally the two sides reached an agreement to give 3,000 yuan first, and then pay the lawyer's fee according to 10% of the judgment amount. In this way, Zhang Datou received the first case after New Year's Day.

……

"The court is now in session, and the plaintiff presents the claims and the facts and reasons." The female judge sitting on it rang the gavel, pulled her neck-length short hair, and looked at Zhang's big head.

"Claims: 1. Request the court to order the defendant to pay the plaintiff 500,000 yuan in death compensation; 2. The defendant shall bear the litigation costs of this case.

Facts and Reasons: On January 3, 2014, the plaintiff's younger brother Liu Cai strayed into the defendant's home and was bitten to death by a large fierce dog raised by the defendant's family. According to Article 78 of the Tort Liability Law, if a raised animal causes damage to others, the animal keeper or manager shall bear tort liability......

The plaintiff argued that Liu Cai's death was caused by a large fierce dog raised by the defendant, and that the defendant should be liable for compensation, and requested the court to support the plaintiff's claim in accordance with the law.

Complete. Zhang said with his head open.

"The defendant pleaded a plea." The female judge said expressionlessly.

"The defendant disagreed with the plaintiff's claim for the following reasons:

First of all, on January 3, 2014, the defendant had no one at home, and out of consideration for the care of the home, the defendant scattered the wolf green dogs in the yard. The courtyard wall of the defendant's house is high, the gate is locked, and it is impossible for the wolf and green dog to be discharged from the hospital and hurt people, and the defendant has fulfilled his due duty of care and is not at fault.

Second, judging from the circumstances at the scene, Liu Cai had the intention of teasing and poisoning the wolf-green dog raised by the defendant's family with meat and bones, and he was seriously at fault. The deceased, Liu Cai, had long known that the defendant had raised a large fierce dog in his home, and while the defendant was not at home, he broke into a private house and was bitten to death by a dog.

Finally, the deceased Liu Cai had been dealt with for theft many times before, and this time he climbed the courtyard wall of the defendant's house and climbed into the courtyard when there was no one in the defendant's house, and the defendant had reason to suspect that his real purpose was to steal property.

In summary, the defendant was not at fault for the death of the plaintiff's younger brother Liu Cai, and Liu Cai climbed over the wall to steal property and was not bitten to death by a dog, and the responsibility should be borne by him, and the court was requested to reject all of the plaintiff's claims in accordance with the law.

The defense is complete. Fang Yixin said: Anyway, the plaintiff is not present, and the other party can't hear what he says, so there is no need to be tactful.

"Now the original defendant presents evidence and cross-examines evidence, and the plaintiff presents evidence." The female judge said.

"The plaintiff only has one piece of evidence, Liu Cai's death appraisal report, which proves that Liu Cai was bitten to death by a large fierce dog raised by the defendant." Zhang Datou felt that in this kind of case, the plaintiff only needs to prove that Liu Cai was bitten to death by the defendant's dog, and there is no need to provide other evidence.

"The defendant cross-examined." The female judge said.

"The defendant recognized the authenticity, relevance and legitimacy of the evidence, and the defendant admitted that Liu Cai was bitten to death by the dog he raised.

However, the defendant reminded the judge that the appraisal report provided by the plaintiff stated that Liu Cai was bitten to death in the courtyard of the defendant's house, not outside the courtyard, and that the incident occurred in the early hours of the morning, when there was no one in the defendant's home.

Taking advantage of the fact that there was no one in the defendant's home, he climbed over the wall in the early morning to enter the defendant's home, and his purpose was self-evident, it was to steal property. Cross-examination is complete! Fang Yi said.

"The defendant adduces evidence." The female judge said.

"The first piece of evidence, a certificate issued by the village committee where the defendant's daughter-in-law's mother's house is located, proves that the defendant's daughter-in-law has been living in her mother's house during the New Year's Day holiday and has also participated in the celebration in the village on New Year's Day.

The second piece of evidence, the surveillance video record in front of the defendant's restaurant, proves that the defendant has been living in the county's restaurant during the New Year's Day holiday and is not at home.

The third piece of evidence, the witness testimony given by the defendant's neighbor Li Baoku, showed that during the New Year's Day holiday, the defendant's family was not at home, and his father went to the defendant's house every morning and evening to feed the dogs. The witnesses were just outside the courtroom.

The presentation of evidence is complete. Fang Yi said.

In order to invite his neighbors to testify in court, Zhao Sanhua spent a lot of effort and gave a lot of lost work pay. In fact, the neighbor has been farming at home, and has not gone out of the village to work, how can there be any lost work expenses, but let the family testify in court, you have to give some benefits, otherwise why should people care about your family's idle things that offend people.

"Clerk, call the witnesses in." The female judge said.

After a while, the clerk opened the large wooden door of the courtroom, and an old man in his sixties walked in, dressed very plainly, with a furrow on his face, a black face, and the skin of his hands like old bark.

It may be the first time he entered the courtroom, and the old man looked a little nervous, standing at the door with his hands not knowing where to put them.

"Witness Li Baoku, submit your ID card to the next ......" After the female judge registered the names of the witnesses, she informed them of the precautions and obligations of the witnesses.

“…… Witness Li Baoku, what do you want to prove when you appear in court? The female judge asked.

"It proves that Zhao Sanhua's family was not at home during the New Year's Day holiday." Lee Baoku Road. His hands trembled slightly.

"You mean that Zhao Sanhua's family was not at home from January 1 to 3, 2014, is that true?" The female judge asked.

"yes, that's what it means." Lee Baoku Road.

"It is now up to the plaintiff to examine the witnesses." The female judge said.

"Li Baoku, where do you live in the village?" Zhang asked with a big head.

"Live... lives in the east of the village and is a neighbor of Zhao Sanhua's family. Li Baoku's face was nervous, his heart was pounding, and every time he beat, his whole body trembled.

"Have you been home during New Year's Day?" Zhang asked with a big head.

"At home, it's cold, and people in the village have nowhere to go, so they nest at home, play cards, bask in the sun, and watch TV." After being questioned a few times, Li Baoku seemed to adjust to the atmosphere of the courtroom a little, and was not as nervous as he was at the beginning.

"Your house is next door to the defendant Zhao Sanhua's house?" Zhang said with a big head.

"Sort of, our two families are on the edge of the village, and there is a small alley in the middle, which can be as wide as a trolley." Li Baoku gestured with both hands.

(End of chapter)