Legal Opinion

Nehr v. State

Nebraska Supreme Court

Decided November 10, 1892PublishedCited by 11 opinions

Error to the district court for Gage county. Tried below before Babcock, J. It is lawful for a person to bill any dog found running at large, on whose neck there is no collar, and no action can be maintained for such killing. (Sec. 191, Consolidated Statutes.) The dog was unconfined and unrestrained, and was therefore “running at large.”

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Error to the district court for Gage county. Tried below before Babcock, J. It is lawful for a person to bill any dog found running at large, on whose neck there is no collar, and no action can be maintained for such killing. (Sec. 191, Consolidated Statutes.) The dog was unconfined and unrestrained, and was therefore “running at large.” (Commonwealth v. Dow, 10 Met. [Mass.], 382; Woolf v. Challcer, 31 Conn., 121; MoAneany v. Jewett, 10 Allen [Mass.], 151.) A dangerous and unruly dog running at large is a nuisance, and the killing of such an animal is justifiable. (Putnam v. Payne, 13 Johns.…

1Opinion of the Court

Maxwell, Ch. J.

The plaintiff in error was informed against in the county court of Gage county because he did unlawfully, maliciously, and willfully shoot and kill a certain house dog, the property of John A. Dobbs, of the value of $50. He was found guilty in the county court and appealed to the district court, where he was again found guilty, and the jury also found that the dog was of the value of $1; and the plaintiff in error was sentenced to five days’ imprisonment in the county jail and to pay a fine of $2 and the costs.

The prosecution was instituted under section 109 of the *640Criminal…

2Cases cited3 opinions

  1. Brent v. KimballIllinois Supreme Court · 1871
  2. Harrington v. MilesSupreme Court of Kansas · 1873
  3. Uhlein v. CromackMassachusetts Supreme Judicial Court · 1872

3Cited by11 opinions

  1. Netusil v. NovakNebraska Supreme Court · 1931
  2. Fackler v. GenetzkyNebraska Supreme Court · 1999
  3. Walker v. TowleIndiana Supreme Court · 1901
  4. Nehr v. DobbsNebraska Supreme Court · 1896
  5. Mayor of Hagerstown v. WitmerCourt of Appeals of Maryland · 1897

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