Wood v. Stotski

Bond, O. J.,

delivered the opinion of the Court.

The one question raised on this appeal is whether, on the testimony, the court could rule as a matter of law that a killing of plaintiff’s dogs while trespassing on the defendant’s land was justified as a reasonable exercise of force. The lower court so ruled, and directed a verdict for the defendant on the ground that it was so justified. But this Court has concluded that the question should have been left to the jury for their decision.

The testimony is conflicting on almost all the crucial points. That of the defendant tended to show…