Sabin v. Smith
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County and from an order denying a new trial. P. F. Gosbey, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
The plaintiff was the owner of a Russian wolf hound which was killed by the defendant. This action was brought to recover the sum of three hundred and fifty dollars, the alleged value of the hound, and for the further sum of one thousand dollars as exemplary damages.
It is the claim of the plaintiff that the killing was wrongful, unlawful, and malicious. Defendant, answering, denies that his act was malicious, and alleged that the hound in question was one of a pack of savage and ferocious dogs which was a common and a public nuisance, and at the time of the killing 'the said pack had…
2Cases cited2 opinions
- Mullaly v. . People of the State of New YorkNew York Court of Appeals · 1881
- Simmonds v. HolmesSupreme Court of Connecticut · 1891
3Cited by13 opinions
- O'Leary v. WangensteenSupreme Court of Minnesota · 1928
- Roos v. LoeserCalifornia Court of Appeal · 1919
- Nava v. McMillanCalifornia Court of Appeal · 1981
- Katsaris v. CookCalifornia Court of Appeal · 1986
- Devincenzi v. FaulknerCalifornia Court of Appeal · 1959
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