Legal Opinion · Dissent

Perkins v. Drury

New Mexico Supreme Court

Decided April 24, 1953No. 5520Published

1DissentMcGHEE, Justice

The testimony upon which the majority rely to sustain the judgment came in response to leading questions requiring a yes or no answer as to whether the defendant had warned them the dog might bite children, ignoring the completion of the warnings brought out on cross-examination when the witnesses were given an opportunity to state the younger dog was very jealous of the older one, and if a fight occurred when the children were near they might be injured.

The authorities relied on in the majority opinion do not support the holding in this ■case. I feel the majority opinion makes such a drastic…

2Cases cited12 opinions

  1. Keightlinger v. EganIllinois Supreme Court · 1872
  2. Twigg v. RylandCourt of Appeals of Maryland · 1884
  3. Emmons v. StevaneSupreme Court of New Jersey · 1909
  4. Cockerham v. . NixonSupreme Court of North Carolina · 1850
  5. Hartman v. AschaffenburgLouisiana Court of Appeal · 1943

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