Westberry v. Blackwell

Plaintiff filed this action to recover for personal injuries sustained when she was bitten by defendants’ dog. The complaint alleged a cause of action for strict liability and another for negligence. The trial court granted a judgment of involuntary nonsuit on both causes of action. Plaintiff appeals. The evidence is viewed in the light most favorable to plaintiff.

On July 2, 1975, the plaintiff, accompanied by her young son and daughter, visited defendants’ home. Plaintiff testified that as she went toward defendants’ house from her car in the driveway the defendants’ dog, a one-year-old St.…