GLIDDEN V. SZYBIAK
Sup. Ct. of N.H., 95 N.H. 318, 63 A.2d 233 (1949)
NATURE OF THE CASE: This is a case to recover damages for a trespass to chattels. The
damages action was used as a defense to a dog bite.
FACTS: Elaine Glidden (P), a four-year-old, went to go to a neighborhood store for candy.
On the porch of the store she encountered a dog owned by Jane Szybiak (D). P climbed on the
back of the dog pulling its ears and it bit her inflicting some wounds that after healing
were in no way disfiguring but discernible on close view. D defended the action on the
grounds that the injuries to the child were the result of a trespass to chattels and as such
P could not recovery for her dog bites. At trial, the court found that P could not be found
guilty of contributory negligence toward the dog because of her tender years and therefore
she could not be found guilty of a trespass at the time she received her injury. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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