Leonard v. Wilkins
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Leonard sued Wilkins, before the justice, for shooting the dog of the plaintiff. The defendant pleaded not guilty, and the cause was tried before a jury. It was proved that a dog, of the pointer breed, was possessed by the plaintiff, and that he had no other dog. The defendant said to one of the witnesses that he had shot the plaintiff’s dog.
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IN ERROR, on certiorari, from a justice’s court. Leonard sued Wilkins, before the justice, for shooting the dog of the plaintiff. The defendant pleaded not guilty, and the cause was tried before a jury. It was proved that a dog, of the pointer breed, was possessed by the plaintiff, and that he had no other dog. The defendant said to one of the witnesses that he had shot the plaintiff’s dog. Another witness saw the defendant shoot the dog, which was in the field of the defendant. The dog was running with a fowl in his mouth, and the defendant called after the dog before he fired; but he had…
1Per curiam
The verdict below was not against law. The dog was on the land of the defendant, in the act of destroying a fowl; and the defendant was justified in killing him, in like manner as if he was chasing and killing sheep, deer, calves, or other reclaimed and useful animals. This principle has been frequently and solemnly determined. (Cro. Jac. 45. 3 Lev. 25.)’ It was for the jury to determine whether the killing was justified by the necessity of the case, and as requisite to preserve the fowl; and the fowl being on the land of the defendant was enough, without showing property in the fowl.
Judgment…
2Cited by11 opinions
- State v. . SmithSupreme Court of North Carolina · 1911
- State v. SmithSupreme Court of North Carolina · 1911
- Aldrich v. WrightSupreme Court of New Hampshire · 1873
- Nesbett v. WilburMassachusetts Supreme Judicial Court · 1900
- Collinson v. Wier, New York County Courts1915
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