Burgess v. Uzarins

This is an action pursuant to G.L.c. 140, §155, the Massachusetts dog bite statute. The trial court allowed the defendant’s Mass. R. Civ. R, Rule 41(b) (2) motion for involuntary dismissal at the close of the plaintiff's evidence, and the plaintiff has appealed pursuant to Dist/Mun. Cts. R. A. D. A., Rule 8C.2

Plaintiff William P. Burgess has been a mail carrier for more than ten years. On December 13,1996, he delivered mail to 150 Shepard Street in Lynn, Massachusetts. The mailbox at that address hung on the outside of a fence in front of the house. The plaintiff was aware that three dogs…