Smith v. Culver

Deen, Presiding Judge.

On July 25, 1982, the appellee, Jonathan Culver, a 5-year-old child, was attacked and severely injured by a pit bulldog, Snowball, the pet of the appellants, Donald and Patsy Smith. At the time of the incident, Snowball was unattended but chained to a tree on the appellants’ unfenced property, and the child had evidently approached the dog. When Donald Smith became aware of the clamorous attack, he rescued the boy and then shot and killed the dog.

On March 14, 1983, Jonathan Culver, by and through his mother Donna Culver, commenced this action, seeking damages for the…