Kershaw v. McKown
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. HARALSON. ' Action by C. G. Kershaw against J. H. McKown for damages for killing a dog. From a judgment for defendant, plaintiff appeals.
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Appeal from DeKalb Circuit Court. Heard before Hon. W. W. HARALSON. ' Action by C. G. Kershaw against J. H. McKown for damages for killing a dog. From a judgment for defendant, plaintiff appeals. Transferred from the Court of Appeals under Act April 18, 1911, p. 449, § 6. The court’s charge for defendant is as follows: If you believe from the evidence that the dog here sued for was not worth greatly more than the goat, and if you further believe that the dogs were acting in a way that would lead a reasonably prudent man to conclude that it was necessary to kill these dogs in order to save the…
1Opinion of the CourtThomas, J.
This case was formerly before this court by transfer from the Court of Appeals as provided by law.(1) The decision therein was to the effect that, where defendant shot a dog attacking his domestic animals, the fact that its owner had no notice of the dog’s vicious propensities had no bearing upon the right of the defendant to kill it; that this right to kill, of necessity, depended solely upon the circumstances of the case, the probable amount of the loss, and the apparent imminence of the danger.—Crow v. McKown, 192 Ala. 480, 68 South. 341, L. R. A. 1915E, 372.
In Nesbett v. Wilbur, 177 Mass.…
2Cases cited11 opinions
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Marshall v. BlackshireSupreme Court of Iowa · 1876
- Hubbard v. PrestonMichigan Supreme Court · 1892
- Anderson v. SmithAppellate Court of Illinois · 1880
- Nesbett v. WilburMassachusetts Supreme Judicial Court · 1900
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3Cited by4 opinions
- Ex Parte MinorSupreme Court of Alabama · 1919
- Coleman v. MinorAlabama Court of Appeals · 1919
- Alabama Great Southern R. Co. v. SheffieldSupreme Court of Alabama · 1925
- Johnston v. WilsonCourt of Appeals of Georgia · 1924