Finley ex rel. Sands v. Manley

While I agree that jury issues were presented and that a new trial is proper, I think the rule set forth in the majority opinion is too restrictive.

I consider it a sound rule that owners of domestic animals should be required to keep them under such control and surveillance as to prevent them from injurying the property and rights of others; and when they permit animals, such as dogs, to run at large they do so at their own peril.

I do not subscribe to the view that one’s property, or the right to enjoy it in peace and repose, is subservient to the vagaries of trespassing animals; and if,…