Trenka v. Moos

Action for damages, actual and exemplary, for the wanton killing of a dog. The complaint alleges that at Billings, Montana, on the 28th day of January, 1945, the defendant wantonly and maliciously struck with an axe and Mlled a dog, the property of the plaintiff, of the value of $500; that because of the violent, wanton and. malicious acts of defendant he should be required to pay damages by way of example. The prayer is for actual damages of $700 and exemplary damages of $1,000.

The answer admits the killing of the dog by defendant; denies that such killing was wanton or malicious, or…