Low v. Barnes
Supreme Court of Oklahoma
Error from Johnston County Court; Nick Wolf, Judge. Action by W. A. Barnes,against F. L. Low. Judgment for plaintiff, and defendant brings error. Action begun in the justice, court of Harris township, at Tishomingo, to recover $65 damages for the death of a boar and injury to a sow, both belonging to defendant in error, by a boar owned by plaintiff in error.
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Error from Johnston County Court; Nick Wolf, Judge. Action by W. A. Barnes,against F. L. Low. Judgment for plaintiff, and defendant brings error. Action begun in the justice, court of Harris township, at Tishomingo, to recover $65 damages for the death of a boar and injury to a sow, both belonging to defendant in error, by a boar owned by plaintiff in error. On appeal to the county court, a jury trial was had, resulting in a verdict for defendant in error in the sum of $40, fpr which amount judgment was rendered, and from which judgment of the county court the plain-r tiff in error appeals.
1Opinion of the Court
Opinion by
SHARP, C.
Section 1, art. 1, c. 1, Sess. Laws 1903, provides:
“Every owner of swine, sheep, goats, stallions, or jacks, shall restrain them at all times and seasons of the year from running at large in the Territory of Oklahoma.”
Section 11 of said act is in part as follows:
“The owner of any stock or domestic animal prohibited by law from running at large * * * shall be liable for all damages done thereby while wrongfully remaining at large upon the public highway or upon the lands of another; which may be recovered by action at law; or the party injured may at his option distrain the…
2Cases cited8 opinions
- Decker v. GammonSupreme Judicial Court of Maine · 1857
- Baldwin v. EnsignSupreme Court of Connecticut · 1881
- Burleigh & Jackson v. HinesSupreme Court of Iowa · 1904
- Johnston v. Mack Manufacturing Co.West Virginia Supreme Court · 1909
- Beckett v. BeckettSupreme Court of Missouri · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Holmber v. WillSupreme Court of Oklahoma · 1915
- Merkle v. YarbroughSupreme Court of Oklahoma · 1963
- Goins v. BlackSupreme Court of Oklahoma · 1917