Kershaw v. McKown
Alabama Court of Appeals
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
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Parker v. MiseSupreme Court of Alabama · 1855
- Strouse v. LeipfSupreme Court of Alabama · 1893
- Durden v. BarnettSupreme Court of Alabama · 1844
- Gresham v. TaylorSupreme Court of Alabama · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- White v. LawSupreme Court of Alabama · 1984
- Allen by and Through Allen v. WhiteheadSupreme Court of Alabama · 1982
- Humphries v. RiceSupreme Court of Alabama · 1992
- Western Ry. of Alabama v. MadisonAlabama Court of Appeals · 1918
5 more not listed; retrieve them via the Exa API.