Ellis v. Oliphant
Supreme Court of Iowa
Appeal from Linn District Court.- — Hon. F. O. Ellison, Judge. Action at law, to recover damages for the wrongful killing of plaintiff’s dog. Defendant admitted the killing of the dog, but pleaded justification therefor and also filed a counterclaim for sheep killed and injured by the dog. Plaintiff in reply denied the allegations of the counterclaim, and also pleaded an election by plaintiff to recover from the county the damages done his sheep.
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Appeal from Linn District Court.- — Hon. F. O. Ellison, Judge. Action at law, to recover damages for the wrongful killing of plaintiff’s dog. Defendant admitted the killing of the dog, but pleaded justification therefor and also filed a counterclaim for sheep killed and injured by the dog. Plaintiff in reply denied the allegations of the counterclaim, and also pleaded an election by plaintiff to recover from the county the damages done his sheep. On the issues joined the ease was tried to a jury, resulting in a verdict and judgment for the plaintiff, in the sum of $85, and defendant appeals.…
1Opinion of the CourtDeemer, J.
Plaintiff is a farmer living in Linn county, Iowa, and defendant is also a farmer and sheep raiser, living about a mile south and west of plaintiff’s house. Defendant had another farm about three-fourths of a mile northwest from plaintiff’s farm, which was occupied by a tenant, and upon which defendant kept some sheep. During the early morning of January 13, 1911, defendant was awakened by telephone, and informed that some dogs were after his sheep. Arming himself with two guns he started and on his way met his -tenant, and the two went to the farm where the sheep were kept, and found several…
2Cases cited14 opinions
- Gere v. Council Bluffs Ins.Supreme Court of Iowa · 1885
- Metz v. SouleSupreme Court of Iowa · 1875
- Tenney v. LenzWisconsin Supreme Court · 1863
- Anson v. DwightSupreme Court of Iowa · 1865
- Houghtaling v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wisdom v. Board of SupervisorsSupreme Court of Iowa · 1945
- Isaacs v. BruceSupreme Court of Iowa · 1934
- Mendenhall v. StruckSupreme Court of Iowa · 1929
- Shults Bread Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Shults Bread Co. v. CommissionerUnited States Board of Tax Appeals · 1928