Simmonds v. Holmes
Supreme Court of Connecticut
Action for damages for the killing of the plaintiff’s dog; brought to the Court of Common Pleas in Fairfield County. The court (Perry, J!,) having overruled the plaintiff’s demurrer to a part of the defendant’s defenses, the ease was tried to the jury, who returned a verdict for the defendant. The plaintiff appealed on the ground of errors in the charge of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtLoomis, J.
This is a complaint to recover damages of the defendant for killing the plaintiff’s dog. The defendant in his pleadings and upon the trial admitted the killing of the dog, but left it to the plaintiff to prove his own title and right to bring the suit. The defendant also alleged in his answer four special defenses by way of justification of his act. The second and fifth defenses were based on the alleged fact that the dog was, when killed, and long had been, a common and intolerable nuisance, both to the defendant and to all the people in the neighborhood. These defenses were practically…
2Cases cited1 opinion
- New York & Erie Rail Road v. CookThe Superior Court of New York City · 1850
3Cited by13 opinions
- Cioffoletti v. Planning & Zoning CommissionSupreme Court of Connecticut · 1989
- Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
- Sabin v. SmithCalifornia Court of Appeal · 1915
- Town of Norwalk ex rel. Fawcett v. IrelandSupreme Court of Connecticut · 1896
- Soucy v. WysockiSupreme Court of Connecticut · 1953
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