Ballou v. Humphrey
Supreme Court of Kansas
Error from By on Distriet Oou/rt. Trespass, brought by Ballou, to recover damages for injuries committed to his sheep by Humphrey’s dogs. The petition alleged that the defendant’s dogs had killed 22 of plaintiff’s sheep, and had injured others of them, and contained the aver-meat that defendant kept “ certain dogs which he well knew were accustomed to hunt, chase, bite, and worry and kill sheep and lambs.” Answer, general denial.
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Error from By on Distriet Oou/rt. Trespass, brought by Ballou, to recover damages for injuries committed to his sheep by Humphrey’s dogs. The petition alleged that the defendant’s dogs had killed 22 of plaintiff’s sheep, and had injured others of them, and contained the aver-meat that defendant kept “ certain dogs which he well knew were accustomed to hunt, chase, bite, and worry and kill sheep and lambs.” Answer, general denial. The action was tried at the September Term, 1870. The only error complained of was the admitting certain testimony offered by the defendant. This testimony is stated…
1Opinion of the Court
The opinion of the court was delivered by
Yaimoine, J.:
This action was commenced by the plaintiff G-. ~W. Ballou against the defendant G. D. Humphrey for certain injuries alleged to have been caused by the defendant’s dogs to the plaintiff’s sheep. The petition below was sufficient to maintain the action, either as a common-law action, or as an action under the statute: Laws of 1863, p. 97, ch. 59; Gen. Stat., ch. 105, §§ 44, 45. But as the evidence almost if not entirely failed to show that the dogs had ever before committed any such injury, and as it utterly failed to show that the defendant…
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