Villa v. Thayer
Supreme Court of Vermont
Action on the case for killing two dogs belonging to plaintiff. Pleas, the general issue, and two special pleas, the first of which alleged that defendant was a deputy fish and game warden and as such performed the acts complained of, and that the dogs were, at the time of the shooting, in the act of pursuing a wild deer, and for a long time theretofore had been in the habit of pursuing wild deer and were possessed by the plaintiff for that purpose and did so with the…
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Action on the case for killing two dogs belonging to plaintiff. Pleas, the general issue, and two special pleas, the first of which alleged that defendant was a deputy fish and game warden and as such performed the acts complained of, and that the dogs were, at the time of the shooting, in the act of pursuing a wild deer, and for a long time theretofore had been in the habit of pursuing wild deer and were possessed by the plaintiff for that purpose and did so with the knowledge and consent of the plaintiff, by reason of which the dogs were public nuisances. The second special plea alleged…
1Opinion of the CourtHaselton, J.
This is an action of tort in which the plaintiff recovered damages for the shooting of two dogs duly licensed, registered and collared.
*82On trial the defendant admitted shooting the dogs, but claimed to justify such shooting on the ground that he was a deputy game warden, and as such shot the dogs while they were chasing a wild deer, and that the defendant could not reasonably protect the deer in any other manner than by shooting the dogs. The court held that evidence to support these claims constituted no defence and the defendant excepted.
At one time our statutes permitted any person to kill…
2Cases cited5 opinions
- Payne v. SheetsSupreme Court of Vermont · 1903
- State v. TheriaultSupreme Court of Vermont · 1898
- State v. NilesSupreme Court of Vermont · 1906
- Mossman v. BostridgeSupreme Court of Vermont · 1904
- Zanetta v. BollesSupreme Court of Vermont · 1907
3Cited by3 opinions
- Jones v. MetcalfSupreme Court of Vermont · 1923
- Laner v. StateCourt of Criminal Appeals of Oklahoma · 1963
- Langle v. BinghamDistrict Court, D. Vermont · 1978