Johnston v. Wilson

(After stating the foregoing facts.) The general grounds of the motion for a new' trial are expressly abandoned; and the four special grounds of the motion raise but a single question,- to wit, did the court err in charging the jury as follows: “But the defendant would not have had the right to kill the dog even though caught in the act of killing chickens, if the value of the dog was greater than the probable damage he would have inflicted then or in the future. In other words, a man has the right to protect his property from the depredations of vicious' animals, and, if necessary, to kill…