Alabama Great Southern R. Co. v. Sheffield

The suit is to recover damages for the alleged negligent killing of plaintiff’s dogs. The complaint, in separate counts, seeks recovery for negligently running trains over two dogs at different times. After reversal on former appeal (211 Ala. 250, 100 So'. 125), the defendant filed several special pleas to which demurrers were sustained.

No. 13 pleads in bar of the action that “said dog had been known to kill or worry sheep or other live stock without being set upon the same.” This plea is based upon Code of 1923, § 6072 (2832), which reads:

“Dogs killing stock, and killing the dogs. No person…