Elaine Glidden (plaintiff), a four-year-old child, left home to go to the neighborhood store for candy. Glidden came across a dog named Toby on the porch of the store and began playing with Toby. Glidden climbed on Toby’s back and pulled Toby’s ears when Toby snapped at Glidden and bit Glidden on her nose. Glidden sued Toby’s owner, Szybiak (defendant), for damages arising from the dog bite. At trial, Szybiak argued that Glidden was guilty of contributory negligence. Szybiak claimed that Glidden’s actions against Toby amounted to a trespass. The court found that Glidden was too young to be guilty of negligence or guilty of any tort at the time Glidden was injured. Glidden won a verdict in her favor at trial. Szybiak appealed to the Supreme Court of New Hampshire.