Miller v. Spaulding
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. In this action, commenced before a justice of the peace, the plaintiff complained that the defendants had shot his dog. Defendants answered that the dog which they killed was running at large, with other dogs, from place to place, trespassing upon defendants’ farm and chasing their sheep and stock, and was a dangerous animal to be at large, and a public nuisance.
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APPEAL from the Circuit Court for Jefferson County. In this action, commenced before a justice of the peace, the plaintiff complained that the defendants had shot his dog. Defendants answered that the dog which they killed was running at large, with other dogs, from place to place, trespassing upon defendants’ farm and chasing their sheep and stock, and was a dangerous animal to be at large, and a public nuisance. The evidence showed that one of the defendants, by direction of the other, shot and killed the plaintiff’s dog on May 81,1875; that during the preceding month the dog worried and…
1Opinion of the CourtLyon, J.
We are of the opinion that this case is ruled by sec. 4, ch. 48, R. S., which reads as follows: “If any dog shall worry, wound or kill any sheep or lambs, and the person owning or harboring such dog shall not keep such dog confined after being notified of such worrying, wounding or killing, such owner or keeper shall be liable to pay damages in double the value of any sheep which may he thereafter killed by such dog, to be recovered in an action by the owner of such sheep; and any person may kill any such dog, if found out of the enclosure or immediate care of its owner or keeper, after…
2Cases cited1 opinion
- Bowman v. Van KurenWisconsin Supreme Court · 1871
3Cited by2 opinions
- Vassau v. ThompsonWisconsin Supreme Court · 1879
- Johnston v. WilsonCourt of Appeals of Georgia · 1924