Smith v. Costello

KEETON, Judge.

The above entitled cases present for determination the same issues. The actions were separately brought in the district ■court and were by stipulation there and Fere consolidated for decision.

On February 21, 1952, appellant shot and killed, a Cocker Spaniel dog belonging to respondent Chester K. Nissen, and at the same time and place shot, and wounded a Labrador dog belonging to respondent B. M. Smith.

In avoidance of liability defendant answered that he was, at the time of the shooting, and still is, a qualified, authorized conservation officer; that the dogs in question were…