Legal Opinion

Wallace v. Skinner

Wyoming Supreme Court

Decided January 11, 1907PublishedCited by 15 opinions

Error to the District Court, Sheridan County, Hon. Carroll H. Parmelee, Judge. Suit by Alice Wallace for personal injuries caused by an alleged wild and dangerous elk owned and kept in captivity by the defendant, Charles W. Skinner. The vicious nature of the animal was denied, and by way of separate defense a settlement of the claim sued on was pleaded. Judgment for defendant. The plaintiff prosecuted error, but the evidence was not brought into the record.

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Error to the District Court, Sheridan County, Hon. Carroll H. Parmelee, Judge. Suit by Alice Wallace for personal injuries caused by an alleged wild and dangerous elk owned and kept in captivity by the defendant, Charles W. Skinner. The vicious nature of the animal was denied, and by way of separate defense a settlement of the claim sued on was pleaded. Judgment for defendant. The plaintiff prosecuted error, but the evidence was not brought into the record. The facts are stated in the opinion. The court should have instructed the jury what the issues were. Its failure to do so constitutes…

1Opinion of the Court

Potter, Chief Justice.

The plaintiff in error, Alice Wallace, brought this action in the District Court of Sheridan County to recover damages for personal injuries sustained in consequence of an attack upon her, while she was walking upon the streets *244of the village of Big Horn in said county, by an elk, alleged to have been wrongfully and neglectfully owned and kept in said village by the defendant, Charles W. Skinner, which said elk is alleged to have been a wild, vicious, mischievous and dangerous animal, and at the time of said attack upon plaintiff to have been running- at large on the…

2Cases cited10 opinions

  1. Spring Co. v. EdgarSupreme Court of the United States · 1879
  2. First National Bank v. PeckSupreme Court of Kansas · 1871
  3. Cody v. Market St. Railway Co.California Supreme Court · 1905
  4. Atchison, Topeka & Santa Fe Railroad v. LawlerNebraska Supreme Court · 1894
  5. Southern Kansas Railway Co. v. WalshSupreme Court of Kansas · 1891

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3Cited by15 opinions

  1. McClellan v. TottenhoffWyoming Supreme Court · 1983
  2. First National Bank v. FordWyoming Supreme Court · 1923
  3. Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
  4. North Central Gas Company v. BloemWyoming Supreme Court · 1962
  5. Equitable Life Assur. Soc. of United States v. GratiotWyoming Supreme Court · 1932

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