Scozzafava v. Lieb

Opinion

POCHE, J.

In Katsaris v. Cook (1986) 180 Cal.App.3d 256 [225 Cal.Rptr. 531], this court held that section 31103 of the Food and Agricultural Code 2 grants livestock owners a privilege to kill dogs wh ich have trespassed upon property where livestock is confined. On this appeal we consider the related issue of whether section 31103 and like statutes immunize a poultry owner whose employee shoots and wounds a trespassing dog which subsequently bites a veterinary assistant during the course of treatment of the dog’s injuries. We conclude that the poultry owner is immune from liability.

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