Thurston v. Carter
Supreme Judicial Court of Maine
On exceptions by the plaintiff. Exceptions overruled. This is an action of trespass, in which the plaintiff seeks to recover damages for the killing of the fox hound of plaintiff by the defendant. The defendant, claiming to justify under Public Laws of 1909, Chap. 222, Sec. 17, alleged that he shot and killed the plaintiff’s dog while it was chasing and worrying a cat belonging to him, and upon the land of the defendant.
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On exceptions by the plaintiff. Exceptions overruled. This is an action of trespass, in which the plaintiff seeks to recover damages for the killing of the fox hound of plaintiff by the defendant. The defendant, claiming to justify under Public Laws of 1909, Chap. 222, Sec. 17, alleged that he shot and killed the plaintiff’s dog while it was chasing and worrying a cat belonging to him, and upon the land of the defendant. At the conclusion of the evidence, the Justice presiding directed a verdict for the defendant; To which direction, the plaintiff excepted. The bill of exceptions contained…
1Opinion of the CourtBird, J.
This action of trespass is brought for the recovery of damages for the killing of the fox hound of plaintiff by defendant. The latter, in justification, under Pub. Laws 1909, Chap. 222, Sec. 17, claimed that he shot and killed the plaintiff’s dog while it was chasing and worrying a cat belonging to and upon the land of the defendant. After the introduction of all the evidence, the Court ordered a verdict for defendant. To this direction, plaintiff filed his bill of exceptions in which it is stipulated that if a cat is a domestic animal, the ruling below is to stand, otherwise judgment is to…
2Cases cited3 opinions
- Mullaly v. . People of the State of New YorkNew York Court of Appeals · 1881
- Brown v. GrahamNebraska Supreme Court · 1907
- Ford v. GlennonSupreme Court of Connecticut · 1901
3Cited by9 opinions
- Acheson v. JohnsonSupreme Judicial Court of Maine · 1952
- McKinney v. RobbinsSupreme Court of Arkansas · 1995
- Breedlove v. HardySupreme Court of Virginia · 1922
- Smith v. SteinraufSupreme Court of Kansas · 1934
- State v. LeonardSupreme Judicial Court of Maine · 1984
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