Merriman v. Johnson

STONE, Judge.

This is the sad saga of the unlucky demise of “Lucky,” a short-haired pointer registered under the name of “Conviction” and owned by plaintiff Bernell Merriman. In his amended petition, plaintiff charged that on November 17, 1970, defendant Mrs. John (Shirley) Johnson “negligently shot and wounded” Lucky requiring his destruction by a veterinarian; and, in her answer and subsequently upon trial, defendant not only admitted shooting Lucky but also averred that she had done so intentionally when Lucky was discovered in the Johnson chicken house and in the act of chasing, attempting…