McQuaig Ex Rel. McQuaig v. Brown

Gregory, Justice:

Appellant Teresa Lynn McQuaig brought this action by her guardian ad litem to recover for injuries sustained when she was attacked by respondent’s English setter on February 25, 1975. This appeal is from the order of the lower court granting respondent’s motion for summary judgment. We find no error and affirm.

Appellant, a two year old girl, accompanied her parents into respondent’s back yard where the dog was kept. Respondent’s back yard is enclosed by a cyclone fence. Respondent was not home at the time but had given appellant’s parents permission to enter the back yard to…