Nay v. Brickman

In this action the trial court made written findings and rulings, which state the case in detail, to wit:—

“This is an action of tort. The plaintiff’s declaration in Count 2 alleges in substance that on or about January 6, .1936 the defendant was the keeper of a certain dog and that, while the plaintiff was in the exercise of due care at Dedham on or about such date, he was attacked and bitten by the dog and theréby suffered personal injury. Count 1, which alleges ownership of the dog in. the defendant, was waived during the trial.

*191The answer of the defendant is a general denial and that the…