Peeler v. McMillan
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Hon. John A. Hoclcaday, Judge. Cl) The court erred in sustaining the demurrer to pare of the defendant’s answer. Domestic animals, among which dogs are classed, have certain well-recognized propensities. Dogs will scent dead animals and go to their carcasses. Gillum v. Sisson, 53 Mo. App. 516. Courts will take judicial notice of such characteristics. 17 Am. and Eng. Ency. of law (2 Ed.), 900; Dudley v. Love, 60 Mo.
Read the full summary
Appeal from Howard Circuit Court. — Hon. John A. Hoclcaday, Judge. Cl) The court erred in sustaining the demurrer to pare of the defendant’s answer. Domestic animals, among which dogs are classed, have certain well-recognized propensities. Dogs will scent dead animals and go to their carcasses. Gillum v. Sisson, 53 Mo. App. 516. Courts will take judicial notice of such characteristics. 17 Am. and Eng. Ency. of law (2 Ed.), 900; Dudley v. Love, 60 Mo. App. 420. There can be no recovery by plaintiff if his acts contributed to the injury complained of. Leduke v. Railroad, 4 Mo. App. 485; Thorpe…
1Opinion of the Court
BROADDTTS, <T.
— This suit is predicated on chapter 100, Revised Statutes 1899, p. 1635, entitled “Dogs.” As the form of the petition is questioned, it is necessary to set it out in full. Omitting the caption, said petition reads as follows: '
“Plaintiff for his cause of action states at the times hereinafter mentioned the defendant was the keeper of several dogs. That on the tenth day of September, 1900, and on other days between that and the fifteenth day of September, 1900, at Howard county, Missouri, said dogs while in the keeping of defendant, wrongfully came upon the plaintiff’s land, and…
2Cases cited3 opinions
- Atkinson v. Pacific Railway Co.Court of Appeals of Kansas · 1901
- Dudley v. LoveMissouri Court of Appeals · 1895
- Gillum v. SissonMissouri Court of Appeals · 1893
3Cited by1 opinion
- Miller v. ProughMissouri Court of Appeals · 1920