King v. Kline
Supreme Court of Pennsylvania
In error from tbe Common Pleas of Lycoming county. July 27. This action, which was trespass, originated before a justice of the peace, and was brought by Thomas Kline, against Yalentine King, to recover damages for a dog which belonged to the plaintiff, and was killed by the defendant. The case came into the Common Pleas, by appeal from the judgment of the justice, by the defendant. The plaintiff, in his declaration, laid the value of the dog at thirty dollars.
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In error from tbe Common Pleas of Lycoming county. July 27. This action, which was trespass, originated before a justice of the peace, and was brought by Thomas Kline, against Yalentine King, to recover damages for a dog which belonged to the plaintiff, and was killed by the defendant. The case came into the Common Pleas, by appeal from the judgment of the justice, by the defendant. The plaintiff, in his declaration, laid the value of the dog at thirty dollars. The defendant pleaded not guilty, and subsequently added a special plea, in which he admitted, that he did kill the dog as stated in…
1Opinion of the CourtCoulter, J.
This is quite a small case, in relation to the damages found by the jury. But since it is here, the principles of law applicable to the facts must be adjusted as if it were larger. The court took the facts entirely from the jury, and instructed them, that they must find damages for the plaintiff below, submitting to them the amount only. There was evidence, and pretty strong evidence, that the dog or slut was vicious, ferocious and savage, and that this was known to the plaintiff. A dog may be so ferocious as to become, a public nuisance; and in such cases, if his owner permits him to run at…
2Cited by4 opinions
- Coleman v. MinorAlabama Court of Appeals · 1919
- Wood v. StotskiCourt of Appeals of Maryland · 1925
- Browning v. BelueAlabama Court of Appeals · 1928
- Tshudy v. McCutcheon, Pennsylvania Court of Common Pleas, Lancaster County1935