Garcia v. Chavez

From a judgment for $840.70 in favor of appellee (plaintiff below), in a suit against appellant (defendant below) to recover damages resulting from a dog bite, this appeal has been prosecuted. The two points relied upon for reversal are, that the evidence is insufficient to establish the scienter required both at common law and under the statute of New Mexico, relating to the viciousness of the dog; and that the court erred in failing to take into consideration the question of the plaintiff's negligence.