Halminska v. Kobler

The appellant, a minor child of the age of about three years, while playing with several other children, alleged by his guardian ad litem that he was bitten by a dog, of which the respondent was the owner. Evidence having been presented on behalf of the plaintiff, a nonsuit was asked, which was granted, and he .appeals.

The respondent was a contractor, and at the time of the occurrence in controversy had driven to a schoolhouse which was in process of construction. Respondent’s dog, a Boston terrier about nine months old and weighing about twelve pounds, mingled with the boys while respondent…