Beckett v. Beckett
Supreme Court of Missouri
Error to Linn Circuit Court. The defendant’s bull, charged in the petition with having killed the plaintiff’s horse, comes within one of the statutory exceptions to the common-law rule permitting domestic animals to roam at large. (Wagn, Stat. 134, § 5 ; Sess. Acts 1869, p. 80.) At the old common law every man was bound to keep his beasts within his own close, under the penalty of answering by distress or action for all injuries arising from their being abroad.
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Error to Linn Circuit Court. The defendant’s bull, charged in the petition with having killed the plaintiff’s horse, comes within one of the statutory exceptions to the common-law rule permitting domestic animals to roam at large. (Wagn, Stat. 134, § 5 ; Sess. Acts 1869, p. 80.) At the old common law every man was bound to keep his beasts within his own close, under the penalty of answering by distress or action for all injuries arising from their being abroad. (Bust v. Low, 6 Mass. 90-4; Bush v. Brainerd, 1 Cow. 78, note a; Dolph v. Perris, 7 Watts & Serg. 367, 370.) I. To make the defendant…
1Opinion of the CourtWagner, Judge
The plaintiff in his petition stated that on and prior to the 28th day of September, 1870, the defendant wrongfully and unlawfully permitted a vicious and dangerous bull, over one year of age, to run at large; and that on the day last aforesaid the said bull, while so running at large, came upon the premises of the plaintiff, and then and there gored and killed a gray mare belonging to the plaintiff, of the value of $ 100, for which amount judgment was prayed.
The petition was demurred to on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was…
2Cases cited3 opinions
- Dolph v. FerrisSupreme Court of Pennsylvania · 1844
- Lyke & Dumond v. Van LeuvenNew York Supreme Court · 1847
- Fairchild v. BentleyNew York Supreme Court · 1858
3Cited by8 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Candler v. SmithCourt of Appeals of Georgia · 1935
- Indianapolis Abattoir Co. v. BaileyIndiana Supreme Court · 1913
- Alexander v. CrochettMissouri Court of Appeals · 1939
- Leone v. KellySupreme Court of Connecticut · 1905
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