Glidden v. Szybiak
Facts: Small girl came on the (D) property to play with their dog. While playing she tried to sit on the back of the dog and pull its ears. Upon doing so the dog snapped and bit her nose causing some damage. The (P) now sues for damages. Issues: Can a someone’s property be responsible for damages if a person was trespassing and received those damages? Rule: Any person to whom or to whose property damage may be occasioned by a dog not owned or kept by him shall be entitled to recover such damage of the person who owns or keeps the dog, unless the damage was occasioned to him while he was engaged in the commission of a trespass or other tort. One who without consensual or other privilege to do so, uses or otherwise intentionally intermeddles with a chattel which is in possession of another is liable for a trespass, if, a),b), c) bodily harm is thereby caused to the possessor or harm is caused to some person or thing in which the possessor has a legally protected interest. Court Rationale: Harmless interference, by Elaine, with a persons chattel, toby the dog, does not constitute trespass. No claim was advanced at trial that the dog was injured by the conduct of Elaine. No trespass by Elaine and there from no restriction exists to recover for damages. (D) Argument: the (P) was not invited to be on there property and play with their dog. He was trespassing and negligent.