Canefox v. Crenshaw
Supreme Court of Missouri
Appeal from Greene Circuit Court. Plaintiff, in this action, sought to recover damages for the killing by the defendant of a buffalo bull.
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Appeal from Greene Circuit Court. Plaintiff, in this action, sought to recover damages for the killing by the defendant of a buffalo bull. The following answer (the striking'out-of which constitutes the error complained of) was struck out,, on motion of plaintiff: “ And the said defendant, for answer to plaintiff’s petition, says-, as to killing said bull in plaintiff’s petition mentioned, that before tbe time of. said killing, had been and was accustomed to doing mischief to-said defendant’s cattle — had been and was accustomed to jump into the inelosures of defendant oyer a good fence- —…
1Opinion of the CourtLeonard, Judge
We must reverse this judgment. The answer alleges substantially that the buffalo bull was a wild, vicious and mischievous animal — that he had broken into the defendant’s field, and was in the act of destroying the defendant’s property of the value of one hundred dollars, when the defendant killed him, not wantonly but from necessity, because he could not otherwise be restrained. Without undertaking to determine the precise conditions that will justify the killing of such an animal, we may safely assert that if the facts be as here stated, the killing here complained of was quite justifiable…
2Cases cited3 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Holladay v. MarshNew York Supreme Court · 1829
- Studwell v. RitchSupreme Court of Connecticut · 1841
3Cited by5 opinions
- Grimes v. EddySupreme Court of Missouri · 1894
- State v. BurkWashington Supreme Court · 1921
- Bradford v. FloydSupreme Court of Missouri · 1883
- Demetz v. BentonMissouri Court of Appeals · 1889
- Evans v. McLalinMissouri Court of Appeals · 1915