Boosman v. Moudy

SHANGLER, Chief Judge.

The infant plaintiff was attacked and bitten by Tosca, a large dog of the male-mute breed, owned and kept by the defendant. Plaintiff had judgment for $5,000 after the jury verdict of $7,500 was reduced by the trial court order of remittitur. The appellant seeks judgment in accordance with his motion for directed verdict at the close of all the evidence on the ground that plaintiff did not prove a prima facie case or, alternatively, seeks reversal because of instruction error.

We have reviewed the evidence in the light most favorable to the verdict and conclude that,…