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Glidden v. Szybiak

New Hampshire Supreme Court

63 A.2d 233 (1949)

Relevant factsFree

Four-year-old Elaine Glidden (plaintiff) played with a dog named Toby outside a store, climbing on his back and pulling his ears, until Toby snapped and bit her nose; Glidden sued the dog's owner, Szybiak (defendant), for her injuries, and Szybiak argued her own conduct toward Toby constituted trespass to chattel amounting to contributory negligence. The trial court found Glidden too young to be guilty of negligence or any tort and awarded her a verdict, and Szybiak appealed.

IssueFree

Whether a person's intentional interference with another's animal constitutes trespass to chattel when the animal's condition, quality, or value was not actually impaired by that interference.

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