Andrews v. Smith Et Ux.

Opinion by

Mr. Justice Maxey,

This is an action in trespass to recover damages from the biting of the plaintiff by defendants’ dog. At the close of the trial judgment of compulsory nonsuit was entered against the plaintiff. A motion to take off the nonsuit was argued before the court in banc. The majority of the court refused to take off the nonsuit; the trial judge dissented.

Defendants, husband and wife, occupied a house in Mount Lebanon Township, Allegheny County, as tenants by entireties. There was a garage under the porch on the side of the house and connected with the house. Both…