Mercer v. Marston

Plaintiff, a colored woman, 56 years old, appeals from a judgment rejecting her demands for damages for personal injuries suffered by her when she fell on the concrete sidewalk in front *98of defendant’s residence and broke her ankle while kicking at and backing away from two dogs who were barking and jumping at her as she was passing the residence about dusk on May 27, 1924.

Defendant’s yard is about level with the sidewalk and is not enclosed. The dogs were Airedales, which had been given as presents to defendant’s grown daughters when puppies and had been on defendant’s premises about two or…