Maxwell Ex Rel. Maxwell v. Fraze

HUNTER, Presiding Judge.

This is a dog bite case. Plaintiff, Melissa Maxwell, IS years old, obtained a jury verdict for $100 against defendant, Sam Fraze, because his two year old toy female Boxer dog, “Lady” bit her on her right thumb. The trial court sustained defendant’s motion, to set aside the jury’s verdict and to enter judgment for defendant, and plaintiff appeals from the resultant judg'ment.

The question presented on this appeal is whether plaintiff made a submissible jury case. The principal controversy as presented by the parties is whether defendant kept a vicious dog after…