Elender v. White

This is a suit to recover the value of several sheep killed by a dog which is alleged to have been harbored by the defendant. The defendant denied that he owned or harbored the dog which killed plaintiff's sheep.

The trial judge dismissed plaintiff's suit, holding that the evidence failed to prove that the defendant owned or harbored the dog that killed plaintiff's sheep. The appeal was taken by the plaintiff from the judgment of dismissal.

The evidence clearly shows that several sheep — one ram and some fifteen ewes with about twelve young or unborn lambs — belonging to plaintiff were killed…