Clinkscales v. Hammons

McMurray, Presiding Judge.

This is not a dog bite case, but is somewhat similar in that it involves a next door neighbor’s dog (Saint Bernard) who allegedly forced his way through the gate to the plaintiffs swimming pool (which was enclosed for privacy) and caused substantial damages to the pool by reason of its trespass, being wrongfully in the place where the mischief occurred. The plaintiff filed this tort action for damages to the swimming pool by the dog’s destruction of the vinyl lining of *115the in-ground swimming pool enclosed within a four foot high fence when the dog entered the pool…