Holmes v. Murray
Supreme Court of Missouri
Appeal from Barry Circuit Court. — No». N. C. Pepper, Judge. (1) Section 6975', Revised Statutes 1899, is clearly unconstitutional and is in violation of section 30, article 2, of the Constitution.
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Appeal from Barry Circuit Court. — No». N. C. Pepper, Judge. (1) Section 6975', Revised Statutes 1899, is clearly unconstitutional and is in violation of section 30, article 2, of the Constitution. It undertakes to make and hold a person responsible for habits and traits of his animals or those upon or about his place regardless of his knowledge of their habits or traits or viciousness, and the enforcement of this statute would deprive a person of his property without due process of law. This section undertakes to hold one responsible for the acts, habits, traits and vicious propensities of…
1Opinion of the CourtWoodson, J.
— The plaintiff instituted this suit against the defendant before a justice of the peace, in Barry county, for the recovery of forty-two dollars,' damages sustained by him in consequence of the killing of eight of his sheep, alleged to have been done by defendant’s dogs.
The suit is based upon section 6975, Revised Statutes 1899.
There was a trial before the justice, which resulted in a judgment for the plaintiff, from which the defend*416ant appealed to the circuit court of that county; upon a trial de %ovo in the circuit court the jury found for the plaintiff and assessed his damages at the sum…
2Cases cited5 opinions
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Slinger v. HennemanWisconsin Supreme Court · 1875
- Brent v. KimballIllinois Supreme Court · 1871
- Job v. HarlanOhio Supreme Court · 1862
- Trompen v. VerhageMichigan Supreme Court · 1884
3Cited by5 opinions
- Atkins v. BushSupreme Court of Louisiana · 1917
- Hagenau v. MillardWisconsin Supreme Court · 1924
- Koetting v. ConroyWisconsin Supreme Court · 1937
- Miller v. ProughMissouri Court of Appeals · 1920
- Patterson v. RosenwaldMissouri Court of Appeals · 1928