Dykes v. Alexander

WOODARD C. TIPTON, Special Commissioner.

This is an action wherein a five-year-old boy was bitten by a dog. At the close of all of the evidence the trial judge directed a verdict for the owners of the dog.

The question presented is whether or not the court erred in directing a verdict when KRS 258.275(1) is read in conjunction with the facts of the case at bar.

On August 26, 1963, the appellant, five years of age, and his sister, three years of age, entered the fenced-in back yard of appellees and appellant was severely bitten • by a dog which appellees had owned about two years, and appellees…