VALLE v. PIETRANTONIO


1999 Mass. App. Div. 187 (1999)

Angel Valle v. William Pietrantonio

Massachusetts Appellate Division, Southern District.

August 6, 1999.


Attorney(s) appearing for the Case

Gerald W. Sousa for the plaintiff.

Susan Johnson Bowen for the defendant.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Aguiar, J.

This appeal raises the issue of whether the trial judge erred in finding that the plaintiff, a minor, was not a trespasser when he entered the defendant's yard to return a baseball hat that belonged to the defendant's grandson.

We find there was no error.

This is a dog bite case. The defendant's yard was enclosed by a fence and there was a "beware of dog" sign posted on the picket fence. The front gate was closed but not locked. Plaintiff...

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