Legal Opinion

Wright v. Clark

Supreme Court of Vermont

Decided August 15, 1877PublishedCited by 30 opinions

Trespass for shooting a dog, appealed from the judgment of a justice of the peace. Plea, the general issue, with notice of special matter, and special pleas. Trial by jury, February Term, 1877, Redfield, J., presiding.

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Trespass for shooting a dog, appealed from the judgment of a justice of the peace. Plea, the general issue, with notice of special matter, and special pleas. Trial by jury, February Term, 1877, Redfield, J., presiding. It appeared that(the dog in question was a hound kept for the chase, and chained when not in pursuit of game ; that on November 21, 1874, plaintiff went out with the dog to hunt foxes ; that the dog soon started a fox, and after pursuing him several miles in various directions, passed the house of one Stone, who lived about two miles from plaintiff’s ; that Stone, with whom…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

On the trial the defendant attempted to justify the killing of the plaintiff’s dog by virtue of s. 3, p. 527, Gen. Sts., which makes it the duty of the owner or keeper of a dog to cause a collar, with his name plainly written thereon, to be worn on the neck of the dog, and then provides : “ And it shall be lawful for any person to kill any dog running at large off the premises of the owner or keeper, not having on such collar ; and the owner or keeper of such dog shall recover no damage for such killing.” The plaintiff’s dog was a hound,…

2Cases cited2 opinions

  1. Vincent v. StinehourSupreme Court of Vermont · 1835
  2. Russell v. ConeSupreme Court of Vermont · 1874

3Cited by30 opinions

  1. Alex v. ArmstrongTennessee Supreme Court · 1964
  2. Rudd v. ByrnesCalifornia Supreme Court · 1909
  3. Palestroni v. JacobsNew Jersey Superior Court Appellate Division · 1950
  4. Mercer v. CorbinIndiana Supreme Court · 1889
  5. Wernsing v. General Motors Corp.Court of Appeals of Maryland · 1984

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