Means v. Morgan
Alabama Court of Appeals
Appeal from Marshall Circuit Court. T-Ieard before Hon. W. W. Haralson. Action by R. P. Means against J. A. Morgan, for damages for killing a hog. Judgment 'for defendant and plaintiff appeals.
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Appeal from Marshall Circuit Court. T-Ieard before Hon. W. W. Haralson. Action by R. P. Means against J. A. Morgan, for damages for killing a hog. Judgment 'for defendant and plaintiff appeals. It is certainly not the rule even at common law that an animal running at large ■ not in its nature vicious, about.' to destroy other property, may be killed regardless of the relative value of the annuals, and of the owner’s ignorance of its vicious propensities. — 2 Cyc. 414, and notes; Cooley on Torts (1st Ed.) 346; Anderson v. Smith, 7 111. App. 354; Johnson v, Patterson. 35 Am. Dec. 96; Brill v.…
1Opinion of the CourtPelham, J.
An animal, a hog, the property of appellant, was shot and killed by the appellee while running at large in the public road in front of the appellee’s house. At the time of the killing, the hog was “on the point of seizing” one of appellee’s chickens that, together with other chickens, was in the road. The bill of exceptions recites that on some occasion prior to this time the animal in question had caught one or more of the appellee’s chickens at about the same place, “but there was no evidence that plaintiff (appellant) knew the hog was a clxicken-eating hog. The,day before the killing,…
2Cases cited4 opinions
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Hurd v. LacySupreme Court of Alabama · 1890
- Morse v. . NixonSupreme Court of North Carolina · 1859
- Colvin v. SutherlandMissouri Court of Appeals · 1888
3Cited by11 opinions
- Scott v. DunnSupreme Court of Alabama · 1982
- Kershaw v. McKownAlabama Court of Appeals · 1915
- Pelham v. SpearsSupreme Court of Alabama · 1931
- Crow v. McKownSupreme Court of Alabama · 1915
- Crittenden v. SpeakeSupreme Court of Alabama · 1940
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