Brown v. Barber

The original plaintiff Brown instituted this action to recover damages for personal injuries alleged to have been sustained when he was bitten by a dog owned by the defendant. Upon a trial before the judge without a jury, the suit was dismissed and the plaintiff appealed in error. The ultimate question for decision is whether the judge applied the correct rule of law to the facts.

The defendant operated an automobile servicing establishment in a building fronting on Madison Avenue and Court Street. The plaintiff had left his car with the defendant to be serviced. He entered the defendant’s…