Gomes v. Byrne

Plaintiff sought damages under the so-called Dog Bite Statute (Civ. Code, § 3342) for injuries inflicted by defendant’s dog. Following a trial without a jury, judgment was entered for defendant. Plaintiff appeals from said judgment and from the order denying his motion for a new trial. The latter order is not appealable and therefore the purported appeal therefrom must be dismissed. (Code Civ. Proe., § 963.)

Defendant is a practical nurse and uses her premises as a private nursing home. At the time of the occurrence, the house and yard were surrounded by a wire fence with a closed gate. A path…