Legal Opinion · Dissent

Mallard v. Zink

New Mexico Court of Appeals

Decided October 29, 1979No. 3892Published

1DissentHendley, Judge

I disagree with the majority and would affirm on all issues.

Facts

Defendants, Mr. and Mrs. Zink, were the owners of a pet dog named Rambler. On March 15, 1975, Mrs. Zink gave permission to two of her children to take Rambler and another dog to a park in Alamogordo. The children kept the dogs leashed. They were followed by other unleashed dogs, including a female dog in heat. When they arrived at the park, the children tied Rambler to the center of a kiddie slide. The eldest child went to play with John’s oldest sister who had brought him to the park. The youngest of defendants’ children played…

2Cases cited9 opinions

  1. Skyhook Corp. v. JasperNew Mexico Supreme Court · 1977
  2. Alton Harris and United States of America v. Angie Quinones, and Wesco Insurance CompanyCourt of Appeals for the Tenth Circuit · 1974
  3. Swain v. TillettSupreme Court of North Carolina · 1967
  4. Barber v. HochstrasserSupreme Court of New Jersey · 1947
  5. Jones v. New Mexico School of MinesNew Mexico Supreme Court · 1965

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