Incorporated Town of Sibley v. Lastrico
Supreme Court of Iowa
Appeal from Osceola District Court. — 'Hon. William Hutchinson, Judge. In an information filed with the mayor ..of Sibley, the defendant was accused of violating section 24ofOrdinan.ce 48 of that town, by allowing two dogs belonging to him to run at large on the streets without being muzzled, and beyond his immediate control.
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Appeal from Osceola District Court. — 'Hon. William Hutchinson, Judge. In an information filed with the mayor ..of Sibley, the defendant was accused of violating section 24ofOrdinan.ce 48 of that town, by allowing two dogs belonging to him to run at large on the streets without being muzzled, and beyond his immediate control. Th9 ordinance provided “that it shall be unlawful for any dog to be allowed to run at large within the limits of said town without being securely muzzled, and any owner of any dog who shall allow the same to run at large or go beyond his or her immediate control without…
1Opinion of the CourtLadb, J.
The statute is not criticised for authorizing the destruction of the dog when running at large, because of the absence of a muzzle, even though this be without intentional wrong, and in obedience to its natural propensity to roam. The fault found by the state is that, while conceding the right of town and city councils to ordain its death, the effect of the construction of the statute by the district court was to shield from punishment the real culprit, its master, who, by failing to provide the animal with a proper covering for its nose, has exposed its life to danger. In construing a…
2Cases cited8 opinions
- Henke v. McCordSupreme Court of Iowa · 1880
- Town of Bloomfield v. TrimbleSupreme Court of Iowa · 1880
- City of Mount Pleasant v. BreezeSupreme Court of Iowa · 1860
- City of Chariton v. BarberSupreme Court of Iowa · 1880
- City of Faribault v. WilsonSupreme Court of Minnesota · 1885
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3Cited by3 opinions
- Town of Neola v. ReichartSupreme Court of Iowa · 1906
- Hofer v. CarsonOregon Supreme Court · 1922
- Town of Hedrick v. LanzSupreme Court of Iowa · 1915