Reed v. Goldneck
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. “In this State dogs are property and no one has the right to kill them except for just canse. They may he killed, however, to protect one’s property, but not simply because they are found on siuch other’s land.” Pen-ton v. Bisel, 80 Mo. App. 135; Woolsey v. Haas, 50 Mo. App. 198; Gillum v. Sissom, 53 Mo. App. 516. STATEMENT. This case originated before a justice of the peace in Greene county.
Read the full summary
Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. “In this State dogs are property and no one has the right to kill them except for just canse. They may he killed, however, to protect one’s property, but not simply because they are found on siuch other’s land.” Pen-ton v. Bisel, 80 Mo. App. 135; Woolsey v. Haas, 50 Mo. App. 198; Gillum v. Sissom, 53 Mo. App. 516. STATEMENT. This case originated before a justice of the peace in Greene county. It involves the killing of a dog, a hound, called Gerónimo. Plaintiff recovered before the justice. Defendant appealed to the circuit…
1Opinion of the Court
NORTÓNI, J.
(after stating the facts). It has long been the settled law that dogs are property in Missouri and that no one has a right to kill them except for just cause. It has always been the rule, however, that they might be killed for just cause. It has been held that one has no right to kill a dog because it is found on his land when threatening no immediate danger to his property. [Fenton v. Bissell, 80 Mo. App. 135; Gillum v. Sisson, 53 Mo. App. 516; Woolsey v. Haas, 65 Mo. App. 198; Brauer v. English, 25 Mo. App. 490; Carpenter v. Libbett, 77 Mo. 242.]
Section 1898 of the Revised…
2Cases cited6 opinions
- Carpenter v. LippittSupreme Court of Missouri · 1883
- State ex rel. Lee v. JenkinsMissouri Court of Appeals · 1887
- Gillum v. SissonMissouri Court of Appeals · 1893
- State ex rel. Boulton v. NorvellMissouri Court of Appeals · 1899
- Fenton v. BiselMissouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Phillips' EstateWashington Supreme Court · 1938
- Wellston Fire Protection District v. State Bank & Trust Co. of WellstonMissouri Court of Appeals · 1955
- Scott v. St. Johnsbury AcademySupreme Court of Vermont · 1912
- Gravelly Ford Canal Co. v. Pope & Talbot Land Co.California Court of Appeal · 1918
- McDonald v. BaumanSupreme Court of Kansas · 1967
11 more not listed; retrieve them via the Exa API.