McDonald v. Burgess

This case arises from an unfortunate incident in which an eight year old boy lost part of an ear.

In July of 1967 plaintiffs-appellants, Mark McDonald (“the boy”) and his mother, Mrs. Ann Drouillard (“the mother”), were visiting long time friends, defendantsappellees, Coy R. Burgess (Burgess) and his wife. Burgess owned two German shepherd dogs. When Burgess went to feed the dogs, the boy accompanied him to the 30 foot by 50 foot run where the dogs were kept. The boy was injured in the pen. This suit was brought alleging in a single count:

“[T]hat at said time and place the Defendants in a…