Legal Opinion

McCallister v. Sappingfield

Oregon Supreme Court

Decided September 22, 1914PublishedCited by 10 opinions

From Marion: Percy E. Kelly, Judge. This is an action by M. D. McCallister against Henry Sappingfield to recover the value of plaintiff’s dog that was killed by the defendant. A jury trial resulted in a verdict in the sum of $200 and defendant appeals. Department 2.

1Opinion of the CourtJustice McNary

As a solatium for the loss of a Scotch collie dog, plaintiff was awarded damages against defendant in the sum of $200. The complaint recites that in Oc*423tober, 1912, defendant without cause purposely shot and mortally wounded plaintiff’s dog, which was of the reasonable value of $200. Following a general denial, defendant in his answer alleges as a separate defense that the animal was vicious and in the habit of attacking pedestrians and travelers along the public road; that on the day in question, while passing along the county thoroughfare on horseback, accompanied by a young dog, plaintiff’s…

2Cases cited9 opinions

  1. Woolf v. ChalkerSupreme Court of Connecticut · 1862
  2. Mullaly v. . People of the State of New YorkNew York Court of Appeals · 1881
  3. State ex. rel. Curtis v. City of TopekaSupreme Court of Kansas · 1886
  4. Heiligmann v. RoseTexas Supreme Court · 1891
  5. Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885

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3Cited by10 opinions

  1. Covey v. Western Tank Lines, Inc.Washington Supreme Court · 1950
  2. Garcia v. Color Tile Distributing CompanyNew Mexico Supreme Court · 1965
  3. Estate of RyersonWisconsin Supreme Court · 1941
  4. Wilcox v. Butt's Drug Stores, Inc.New Mexico Supreme Court · 1934
  5. Hofer v. CarsonOregon Supreme Court · 1922

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