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MALLARD v. ZINK

No. 3892.

607 P.2d 632 (1979)

94 N.M. 94

John Daniel MALLARD, an Infant by Richard C. Mallard and Jeanne Mallard, his natural parents and guardians, Plaintiffs-Appellants, v. L.W. ZINK and Mrs. L.W. Zink, his wife, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted October 29, 1979.

Attorney(s) appearing for the Case

S. Thomas Overstreet, P.C., Alamogordo, for plaintiffs-appellants.

George D. Maxwell, Durrett, Conway, O'Reilly & Jordon, P.C., Alamogordo, for defendants-appellees.

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.

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