Bugai v. Rickert

1 Comp. Laws 1929, § 5263, provides in part:

“Any dog that enters any field or enclosure, outside of an incorporated city, unaccompanied by his owner or his owner’s agent, shall constitute a private nuisance and the owner or tenant of such field or other enclosure, or his agent or servant, may kill such dog while it is in the field or other enclosure without liability for such killing.”

Defendant shot and killed plaintiff’s dog under precisely the circumstances set forth in the statute. Plaintiff brought suit. Defendant prevailed. Plaintiff has appealed, presenting the question that the statute…