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1988年8月29日上午,屠宰专业户黄林泉肉铺上的一块肉,被同村陈易宝饲养的一只黑狗叼走。下午当他见这只黑狗又来到内铺边时,便拿起一根木棍朝狗就打,狗在逃遁中撞倒在场的一只母猪,引起猪逃而撞倒过路的76岁老太太叶小珠,致其挫骨脱节,用去医疗费400元。受害人叶小珠遂找打狗人黄林泉要求赔偿,黄说:“是因狗偷吃肉舖的肉才打狗,撞伤你是狗引起的,应当找养狗人”养狗人陈易宝则说:“直接撞伤你的不是狗而是猪,要找就找养猪人”而养猪人缪有旺又以“我的猪也被撞倒,按理也是受害者,而且一连串事件是因为打狗人的行为造成的”为由推卸责任。叶无奈只好投诉到当地法庭,要求打狗人黄林泉赔偿其损失。 该案在审理过程中,大家一致认为受害人叶小珠当时在市场上行走,并无过错,其挫骨脱节的损害结果应由致害人承担赔偿责任。但对谁是本案的致害人及本案的赔偿责任应由谁承担,却有三种不同意见:
On the morning of August 29, 1988, a piece of meat on the slaughterhouses Huang Linquan butcher was taken away by a black dog raised by Chen Yi-Bao in the same village. In the afternoon, when he saw the black dog again coming to the shop floor, he picked up a wooden stick and hit the dog. The dog knocked down a sow present at the scene and caused the pig to flee and crash the 76-year-old Old lady leaf beads, caused by its disengagement, used to go to medical expenses 400 yuan. Ye Xiaobu then hit the victim to seek pet dog Huang Linquan claim compensation, Huang said: “Because the dog steal meat shop meat was hit the dog, bruised you are caused by dogs, dogs should be looking for people,” said dog owner Chen Yibao said : “Directly hit you not a dog but a pig, looking for a pig,” and the piggy owner Miao Youwang again, “My pig was also knocked down, reasonably also a victim, and a series of incidents because of playing Dog man’s behavior caused by ”shirk responsibility. Leaf had no choice but to complain to the local court, asked the dog dog Huang Linquan compensation for their losses. During the trial, everyone agreed that the victim, Yeh Chu-chuh, was walking on the market at that time without fault and the result of the injury resulting from the disengagement of the bones and skulls should be borne by the victim. However, there are three different opinions on who should be the victim of the case and the liability for compensation in this case: