Dyer v. Hutchins
Tennessee Supreme Court
FROM DEKALB. Appeal in error from Circuit Court of DeKalb County. M. D. SmallmaN, J. W. C. Dyer sued J. C. Hutchins and J. S. Hutchins jointly, before a Justice of the Peace, for damage done to his sheep by their dogs. He recovered before the Justice and in the‘Circuit Court. Defendants appealed, and assigned as error that a joint action could not be maintained.
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FROM DEKALB. Appeal in error from Circuit Court of DeKalb County. M. D. SmallmaN, J. W. C. Dyer sued J. C. Hutchins and J. S. Hutchins jointly, before a Justice of the Peace, for damage done to his sheep by their dogs. He recovered before the Justice and in the‘Circuit Court. Defendants appealed, and assigned as error that a joint action could not be maintained. The evidence shows that defendants did not own the dogs- jointly that committed the depredations upon plaintiff's sheep, but that J. S. Hutch-ins owned one dog and J. C. Hutchins two, and that the three dogs joined in chasing…
1Opinion of the CourtTurney, C. J.
The Act of 1859-60, Chapter 45, Section 1, is: “ Where any dog or dogs shall kill, or in any manner damage, any sheep in this State, the owner of such dog shall be liable, upon an action for damages, to the owner of such sheep for the worth of such sheep, if killed, or for the amount of injury or damage committed upon the same by such dog.”
In this case the injury was done by two dogs belonging to different persons, who were sued jointly.
There is nothing in the statute making the wrong the joint wrong of the respective owners. Each is responsible only for the act of his own animal, and must…
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