Legal Opinion

Coleman v. Minor

Alabama Court of Appeals

Decided May 6, 1919No. 2 Div. 194PublishedCited by 5 opinions

Axipeal from Circuit Court, Greene County ; Henry B. Foster, Judge. Action by Philip B. Minor against Thomas W. Coleman, for damages for killing a dog. Judgment for plaintiff, and defendant appeals. Most of the facts sufficiently appear from the opinion. The following is charge 3, given for the plaintiff: "I charge you, gentlemen of the jury, that plaintiff’s dog at the time it was killed was not unlawfully running at large.”

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Axipeal from Circuit Court, Greene County ; Henry B. Foster, Judge. Action by Philip B. Minor against Thomas W. Coleman, for damages for killing a dog. Judgment for plaintiff, and defendant appeals. Most of the facts sufficiently appear from the opinion. The following is charge 3, given for the plaintiff: "I charge you, gentlemen of the jury, that plaintiff’s dog at the time it was killed was not unlawfully running at large.” The following charges were refused the defendant: “(A) If the jury believe from the evidence that Jim Ward killed the plaintiff’s dog, and that said Jim Ward was only…

1Opinion of the CourtBrown, P. J.

This is an action of trespass by appellee against appellant to recover damages for the killing of a dog. Some of the counts charge that the act of killing the dog was “willful and intentional,” therefore wrongful (Minor v. Coleman, 74 South. 841 1 ), others that it was “wrongful,” and others that it was “malicious.” Some of the counts charge that the defendant killed the dog, while others aver that “the defendant did, by and through one Jim Ward, who was the agent of the defendant, and acting under his instructions,” kill the plaintiff’s dog. L. & N. R. R. Co. v. Lacey, 82 South. 636. 2 The…

2Cases cited20 opinions

  1. Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
  2. Hayes v. MillerSupreme Court of Alabama · 1907
  3. Hosmer v. Republic I. & S. Co.Supreme Court of Alabama · 1913
  4. Hubbard v. PrestonMichigan Supreme Court · 1892
  5. Anderson v. SmithAppellate Court of Illinois · 1880

15 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Skog v. KingWisconsin Supreme Court · 1934
  2. Alabama Great Southern R. Co. v. SheffieldSupreme Court of Alabama · 1925
  3. Johnston v. WilsonCourt of Appeals of Georgia · 1924
  4. Browning v. BelueAlabama Court of Appeals · 1928
  5. Charles Ivey v. Pat HamlinCourt of Appeals of Tennessee · 2002

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