Glidden Case Brief PDF

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Summary

2020 Torts Law I Case Brief - Glidden (case on trespass to chattels and lecture notes included)...

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Glidden v. Szybiak Supreme Court of New Hampshire, 1949 95 N.H. 318, 63 A.2d 233

FACTS Parties: Plaintiff: Glidden, appellee Defendant: Szybiak, appellant Procedural History: o o o

Plaintiff suing for recovery of damages incurred by defendants dog, which bit her Trial Court awarded recovery to the plaintiff Defendant appealed

Relevant Facts: o o o o o o

Four year old girl, plaintiff ‘daughter went to the store for some candy Find on porch of store a dog and engaged in play with the dog She climbed onto his back and pulled his ears The dog snapped and bit her nose She was treated and has visual scars up close Seeking recovery for damages inflicted by the dog

Basis for Dispute: ISSUE: Can a child or person be held liable for trespass to chattels if they in fact are injured by the movable object? PARTIES’ ARGUEMENTS: Plaintiff: Defendant: o o

Argued the girl was committing trespass to chattels at the time Doesn’t believe she should recover because she was also in violation

HOLDING: The court upheld the trial court’s decision in favor of the plaintiff DISPOSITION OF THE COURT: o o

There was no facts to prove that any damage or injury was committed to the dog When Elaine was injured she was not committing a tort herself

RULE OF LAW:

o o o

A person cannot be liable for trespass of chattels unless harm is done to the chattel Liability of owner pg. 75 Restatement of Law of Tors §128 pg. 75...