Legal Opinion · Concurrence

Drolet v. Armstrong

Washington Supreme Court

Decided January 7, 1927No. 19877. En BancPublished

1ConcurrenceFullerton, J.

(concurring) — While. I concur in the conclusion reached hy Judge Mitchell, I do1 so for a somewhat different reason than, he has given.

Dogs, as I understand their legal aspect with respect to the right of property their owners have in them, are not animals either ferae naturae or domitae naturae, but occupy a place somewhat intermediate between the two. In other words, while a property right is recognized in dogs, it is a property right of a base and inferior kind, not that absolute and superior right of property an owner has in animals necessary to the subsistence of man, such as horses,…

2Cases cited3 opinions

  1. State v. BrunerIndiana Supreme Court · 1887
  2. McPherson v. JamesAppellate Court of Illinois · 1896
  3. Holcomb v. Van ZylenMichigan Supreme Court · 1913

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