Mercer v. Fritts

While I might like to arrive at the same ultimate destination reached by my colleagues in this case, I find my way barred by the recent decisions of our Supreme Court, and in particular Britt v. Allen County Community Jr. College, 230 Kan. 502, 638 P.2d 914 (1982). Unlike my colleagues, I do not see the doctrine of “animal law” as affording a route around the obstacle posed by Britt and its immediate predecessors, Zuther v. Schild, 224 Kan. 528, 581 P.2d 385 (1978), and Gerchberg v. Loney, 223 Kan. 446, 576 P.2d 593 (1978).

As I read “animal law” authorities, they deal basically with defining…