McChesney v. Wilson
Michigan Supreme Court
Error to Missaukee; Chittenden, J. Case by Samuel W. McChesney against Ari W. Wilson for the alleged willful killing of plaintiff’s dog. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This suit originated in justice’s court, and was appealed to the circuit court, where plaintiff recovered a verdict and judgment for $20 for the value of his dog, which was shot and killed by the defendant.
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Error to Missaukee; Chittenden, J. Case by Samuel W. McChesney against Ari W. Wilson for the alleged willful killing of plaintiff’s dog. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This suit originated in justice’s court, and was appealed to the circuit court, where plaintiff recovered a verdict and judgment for $20 for the value of his dog, which was shot and killed by the defendant. The dog was on the defendant’s premises, and in the act of urinating through a screen cellar window, at the time he was shot. He had killed three of defendant’s…
1Opinion of the CourtGrant, J.
(after stating the facts). The court instructed the jury that the defendant was not justified in killing the dog, unless he was in the act of chasing, killing, or annoying his sheep or other domestic animals. The following facts are conclusively established:
1. That the dog was a killer of domestic fowls.
2. That he was a frequent trespasser upon the premises of the defendant, and frequently committed the disgusting nuisance above mentioned.
3. That plaintiff was notified by the defendant and others of the disposition of his dog.
4. That he took no steps to restrain him.
*254Evidently the attention of…
2Cases cited18 opinions
- Parker v. MiseSupreme Court of Alabama · 1855
- Brent v. KimballIllinois Supreme Court · 1871
- Marshall v. BlackshireSupreme Court of Iowa · 1876
- Hubbard v. PrestonMichigan Supreme Court · 1892
- Anderson v. SmithAppellate Court of Illinois · 1880
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3Cited by9 opinions
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- Camaj v. S. S. Kresge Co.Michigan Supreme Court · 1986
- State v. ChurchillIdaho Supreme Court · 1909
- Skog v. KingWisconsin Supreme Court · 1934
- Wood v. StotskiCourt of Appeals of Maryland · 1925
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