Darby v. Clare Food & Relish Co.

Opinion by

Baldrige, J.,

On June 5, 1929, the minor plaintiff, three years of age, was playing or passing in front of defendant’s premises, in the city of Philadelphia, when a police dog, which had extended its head and the forepart of its body through a hole in the fence enclosing defendant’s property, bit the child while he was kicking at the dog. The jury found a verdict for the minor plaintiff in the sum of $1,200 and for the parents in the sum of $82. This appeal followed.

The appellant’s contention is that the minor plaintiff was a trespasser, and that there was a failure by the plaintiffs…