GLIDDEN v. SZYBIAK Sup. Ct. of N.H., 95 N.H. 318, 63 A.2d 233 (1949). CASE BRIEF

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.

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