The trial court erred in declining to charge as requested at folio 142, and the judgment and order are reversed upon the law and the facts, and a new trial granted, with costs to abide the event. The very purpose for which the animal was kept, viz., for protection, and as a watch dog, charges the defendant with knowledge of his character, even though it does not appear that he had bitten others. ( Brice v. Bauer, 108 N.Y. 428, 432.) Kelly, P.J., Rich, Manning, Young and Kapper, JJ., concur.