NOTE: This is a test on your ability to find the general rule through secondary sources - NOT primary sources. The rules cited should only be from secondary sources.

Facts:

Mr. Joel Burnham awoke one night to the cries of a dog and found "Sam" trapped under a broken chain-link fence. After he freed the dog, he called animal control officer Carl Stahl to retrieve it. Officer Stahl told Mr. Burnham that if he sent the dog, a pit bull, to the pound, the dog would likely be adopted by someone who would train it to fight, or else would end up euthanized. Mr. Burnham decided to keep Sam and find him a home.

Following Officer Stahl's advice, Mr. Burnham checked with the local health department to see if Sam had "a record," and he took Sam to the veterinarian to have him examined and vaccinated. Sam got a clean bill of health from the health department and the veterinarian, so Mr. Burnham got a leash, collar, and harness for the dog and created a space for it in the shed in his backyard. For three months Sam lived with Mr. Burnham, his wife, and his children without incident. None of them ever saw or heard Sam bark, growl, bare his teeth, or display any aggression. Then, one evening when Mr. Burnham and his family took their usual evening walk on a neighborhood trail, Sam unexpectedly, and without provocation, bit a young child, playing on the trail, on the arm. The child's parents are suing Mr. Burnham for the child's injuries.

Research whether or not Mr. Burnham is considered the owner of Sam.

1. Identify key facts:

• Who
• What
• When
• Where
• Why
• How

2. Using Westlaw, research the call of the question in the following secondary sources.

• Am. Jur. 2d
• C.J.S.
• A.L.R.
• Cal. Jur. (California Jurisprudence)

Select one pertinent/applicable section (proper citation) and give a brief synopsis explaining how the section selected applies to the call of the question - Is Mr. Burnham the owner of Sam?