Haberman v. Babai

In an action to recover damages for

personal injuries sustained by the infant plaintiff and for loss of services and medical expenses incurred by his father, the plaintiffs move for summary judgment on the issue of liability and for an assessment of damages by a jury.

The infant plaintiff, an 11-year-old-bov, was playing “ ho ola hoop ” with a friend on the public sidewalk in front of the defendant’s residence, located in the vicinity of his home, shortly after 5 o ’clock in the afternoon of September 8, 1958, when the defendant’s dog came out on the sidewalk, jumped and bit him on the stomach…