Legal Opinion

Kershaw v. McKown

Alabama Court of Appeals

Decided April 6, 1915PublishedCited by 10 opinions

Damages foriKUlmg_ Dog. Appeal from DeKalb Circuit Court. i Heard before Hon. W. W. Haralson. \ Action by G-. 0. Kershaw against J. S. McKown for1' damages'for killing a dog. Judgment for defendant and plaintiff appeals. The court was in error in overruling demurrers to defendant’s plea. — Means v. MorgaAV, 2 Ala. App. 547; 53 N. C. 35, 65 N. C. 416; 7 Ill. App. 354; 2 Cyc. 416. No brief reached the reporter.

1Opinion of the CourtThomas, J.

The complaint here is for the wrongful shooting and killing of plaintiff’s (appellant’s) dog, of the alleged value of $100, and states a good cause of action.—Parker v. Mise, 27 Ala. 480, 62 Am. Dec. 776; White v. Bradley, 37 Ala. 430; Lipscomb v. Seaman, 151 Ala. 333, 44 South. 46.

The defendant, appellee, pleaded the general issue and a special plea, to which plaintiff’s demurrer was *487overruled, as follows: “For durther answer defendant says tb'at at tbe time be killed--the- dog it was worrying bis goat by biting and otherwise injuring it, and that it was necessary to kill tbe dogktp protect…

2Cases cited18 opinions

  1. Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
  2. Parker v. MiseSupreme Court of Alabama · 1855
  3. Strouse v. LeipfSupreme Court of Alabama · 1893
  4. Durden v. BarnettSupreme Court of Alabama · 1844
  5. Gresham v. TaylorSupreme Court of Alabama · 1874

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3Cited by10 opinions

  1. Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
  2. White v. LawSupreme Court of Alabama · 1984
  3. Allen by and Through Allen v. WhiteheadSupreme Court of Alabama · 1982
  4. Humphries v. RiceSupreme Court of Alabama · 1992
  5. Western Ry. of Alabama v. MadisonAlabama Court of Appeals · 1918

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