This section contains the nature of the case and procedural background.

Elaine Glidden (P), a four-year-old, went to go to a neighborhood store for candy. On the porch of the store, she encountered a dog owned by Jane Szybiak (D). P climbed on the back of the dog pulling its ears, and it bit her inflicting some wounds that after healing were in no way disfiguring but discernible on close view. D defended the action on the grounds that the injuries to the child were the result of a trespass to chattels and as such P could not recover for her dog bites. At trial, the court found that P could not be found guilty of contributory negligence toward the dog because of her tender years and therefore she could not be found guilty of a trespass at the time she received her injury. D appealed.

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