Legal Opinion
Mallard v. Zink
New Mexico Court of Appeals
Decided October 29, 1979No. 3892PublishedCited by 5 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
This is a “dog bite” case in which John Daniel Mallard, almost three years of age, was attacked by Zinks’ dog, Rambler, and suffered injuries to his face and head. At the close of all the evidence, the court directed a verdict for Mrs. Zink and submitted the case to the jury on the liability of Mr. Zink. A verdict was returned in favor of Mr. Zink and judgment entered. The Mallards appeal. We reverse.
A. The trial court erred in directing a verdict for Mrs. Zink.
The facts most favorable to John are as follows:
On March 15, 1975, John accompanied by brothers and sisters went…
Also in this document: Concurrence.
2Cases cited15 opinions
- McCandless v. United StatesSupreme Court of the United States · 1936
- Jewell v. SeidenbergNew Mexico Supreme Court · 1970
- Buckeye Powder Co. v. E. I. DuPont De Nemours Powder Co.Supreme Court of the United States · 1918
- United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
- Swain v. TillettSupreme Court of North Carolina · 1967
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3Cited by5 opinions
- Kennedy v. Dexter Consolidated SchoolsNew Mexico Supreme Court · 2000
- Fahrbach v. Diamond Shamrock, Inc.New Mexico Supreme Court · 1996
- Perea v. StoutNew Mexico Court of Appeals · 1980
- Mallard v. ZinkNew Mexico Court of Appeals · 1979
- State ex rel. Human Services DepartmentNew Mexico Court of Appeals · 1991