Mitchell Ex Rel. Mitchell v. Newsom

J. P. MORGAN, Special Commissioner.

This action was brought by plaintiff, Charles Mitchell, an eight-year-old minor, by his father as next friend, to recover damages for personal injuries sustained when he was bitten by a dog owned by defendant, Carl Newsom. At the close of plaintiff’s case, the trial court sustained defendant’s motion for a directed verdict and instructed the jury to return a verdict for defendant. Upon his motion for a new trial being overruled, plaintiff has perfected this appeal.

The final question to be resolved is whether or not plaintiff made a submissible case for the…