Gillum v. Sisson
Missouri Court of Appeals
Appeal from, the Pike Circuit Court. — Hon E. M. Hughes, Judge. (1) The statute, section 4512, points out the remedy where sheep are killed by dogs. This does not dispense with the rule requiring proof as to the particular dog or dogs doing the killing.' It does not give anyone the right to kill trespassing dogs without regard to fact whether they have been or are killing or injuring stock.
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Appeal from, the Pike Circuit Court. — Hon E. M. Hughes, Judge. (1) The statute, section 4512, points out the remedy where sheep are killed by dogs. This does not dispense with the rule requiring proof as to the particular dog or dogs doing the killing.' It does not give anyone the right to kill trespassing dogs without regard to fact whether they have been or are killing or injuring stock. It rather supplements the. common law in this, that it has effect to deny the right to kill dogs that have not or are not engaged in killing or injuring stock. (2) The respondent had no right to kill…
1Opinion of the CourtRombauer, P. J.
— The only question entitled to consideration, which is presented by the record, is whether the cause was submitted to the jury on proper instructions under a state of facts touching which there is no substantial controversy in the evidence.
Some of the defendant’s sheep were killed by dogs in the defendant’s pasture. The evidence tended to *518show that dogs other than those of .plaintiff did the injury. The defendant thereupon confined his sheep in a barn, and put out some poisoned meat in the immediate vicinity of the barn in a fenced stable lot, fastening the gates of the inclosure. This meat…
2Cases cited2 opinions
- Johnson v. PattersonSupreme Court of Connecticut · 1840
- Livermore v. BatchelderMassachusetts Supreme Judicial Court · 1886
3Cited by5 opinions
- Reed v. GoldneckMissouri Court of Appeals · 1905
- Kershaw v. McKownSupreme Court of Alabama · 1916
- Fenton v. BiselMissouri Court of Appeals · 1899
- Woolsey v. HaasMissouri Court of Appeals · 1896
- Peeler v. McMillanMissouri Court of Appeals · 1902