Borden v. City of Salem

The plaintiff brought this action to recover damages allegedly sustained when she was attacked by a dog used by the police department of the City of Salem in law enforcement work. The trial judge granted a *41nonsuit on the ground that the dog was being used in the performance of a governmental function. Plaintiff appeals.

Viewed in the light most favorable to the plaintiff the evidence tends to prove the following facts. Plaintiff with her husband and a party of relatives and friends, after spending the evening at a tavern, went to the China Cafe in Salem early on a Sunday morning in April,…