Browning v. Belue

This was an action claiming damages for the wrongful and willful killing of ■ plaintiff’s pointer dog. The defense was the general issue and special pleas setting up justification (1) on the universally recognized principle, which is grounded on the constitutional and natural right to hold and enjoy property and that a person may protect his animate property from the vicious attack of other animals, and if there exist an impending necessity he may kill the attacking animal to save his own from death or from serious harm (Coleman v. Minor, 17 Ala. App. 102 [2], 82 So. 42), that the dog killed…