Legal Opinion

Strouse v. Leipf

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 29 opinions

Appeal from tbe Circuit Court of Mobile. Tried before the Hon. James T. Jones. This action was brought by the appellee, Elizabeth Leipf against the appellant Estra Strouse, a married woman, to recover damages for defendant’s negligently keeping a savage and ferocious dog, so that it escaped from the premises and inflicted the injuries complained of. The defendant pleaded a special plea in abatement, which is sufficiently stated in the opinion.

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Appeal from tbe Circuit Court of Mobile. Tried before the Hon. James T. Jones. This action was brought by the appellee, Elizabeth Leipf against the appellant Estra Strouse, a married woman, to recover damages for defendant’s negligently keeping a savage and ferocious dog, so that it escaped from the premises and inflicted the injuries complained of. The defendant pleaded a special plea in abatement, which is sufficiently stated in the opinion. The plaintiff demurred to this plea, on the ground that the fact that defendant’s husband “controlled the dog kept by defendant, and controlled the…

1Opinion of the Court

STONE, 0. J.

This suit was brought by appellee to recover damages for alleged injuries suffered from the bite of a dog. The suit is against Estra Strouse, and the complaint charges that “the defendant kept, and for a long time prior thereto had kept, a dog of savage and ferocious nature, and on, to-wit,the 21st day of February 1891, the defendant so negligently kept said dog that it escaped from the premises and attacked the plaintiff, and bit and tore and lacerated her, to her damage in the sum of * * plaintiff avers that the defendant had notice of the savage and ferocious nature of said…

2Cases cited15 opinions

  1. Kennedy v. KennedyIllinois Supreme Court · 1877
  2. Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
  3. Davis v. DavisIllinois Supreme Court · 1863
  4. Ashbaugh v. AshbaughIllinois Supreme Court · 1856
  5. Lawson's Adm'r v. Lay'sSupreme Court of Alabama · 1854

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3Cited by29 opinions

  1. Ex Parte JacksonSupreme Court of Alabama · 1925
  2. Elliott v. HowisonSupreme Court of Alabama · 1906
  3. Smith v. RoyerCalifornia Supreme Court · 1919
  4. Westchester Fire Ins. Co. of New York v. GreenSupreme Court of Alabama · 1931
  5. Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920

24 more not listed; retrieve them via the Exa API.

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