Pate v. Yeager

OPINION

BISSETT, Justice.

This is a personal injury suit which was brought by Tasha Pate, a minor, by her mother as next .friend, against Mr. and Mrs. E. B. Yeager to recover damages for personal injuries alleged to have been inflicted upon her when a monkey, owned by the Yeagers, bit her finger. Trial was to a jury, which answered all liability issues favorably to defendants. The trial judge rendered a take nothing judgment. Plaintiff has appealed.

At the time of the occurrence in question (June 25, 1970), Tasha, a girl, was approximately four and one-half (4V2) years old. She was about eleven…