Fisher v. Badger
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Ho». H. G. Timmonds, Judge. (1) A dog breaking into a dwelling house in the nighttime, and doing mischief, or attempting to do mischief therein, may be killed by the owner of such dwelling house, and such killing is justified at common law. "Wolf v. Chalker, 31 Conn. 121; Cooley on Torts (Ed. of 1880), p. 346; Barrington v. Turner, 3 Lev. 28; Protheroy v. Mathews, 24 Eng. Com.
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Appeal from Vernon Circuit Court. — Ho». H. G. Timmonds, Judge. (1) A dog breaking into a dwelling house in the nighttime, and doing mischief, or attempting to do mischief therein, may be killed by the owner of such dwelling house, and such killing is justified at common law. "Wolf v. Chalker, 31 Conn. 121; Cooley on Torts (Ed. of 1880), p. 346; Barrington v. Turner, 3 Lev. 28; Protheroy v. Mathews, 24 Eng. Com. Law Rep. 465; 1 Hilliard on Torts (3 Ed.), 140, 562, 563. (2) A person has the right to protect his premises and property against the depredation of mischievous dogs, and for that…
1Opinion of the CourtBroaddus, J.
Plaintiff, who was the owner of a foxhound, sued defendant for his value, who was shown to have shot and killed him on the night of the' eleventh day of June, 1900. He recovered judgment, for twenty dollars, from which defendant appealed. The evidence showed that the dog was a pure English foxhound, and a fine animal.
The defendant relied on the following facts for a. defense. It was shown that on the night of the eleventh of June aforesaid, the defendant, who was living on a farm, was aroused from his sleep by his wife, who informed him that there was something in the house. He and his wife…
2Cases cited1 opinion
- Fenton v. BiselMissouri Court of Appeals · 1899
3Cited by2 opinions
- Kershaw v. McKownSupreme Court of Alabama · 1916
- Sims v. HallMissouri Court of Appeals · 1909