Town of Dover v. Winchester
Supreme Court of Vermont
Action to recover damages paid by plaintiff to owners of sbeep billed by dogs, against defendants as owners of tbe dogs. Trial by jury at tbe September Term, 1897, Windbam County, Ross, C. J., presiding. Verdict and judgment for tbe defendants. Tbe plaintiff excepted.
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Action to recover damages paid by plaintiff to owners of sbeep billed by dogs, against defendants as owners of tbe dogs. Trial by jury at tbe September Term, 1897, Windbam County, Ross, C. J., presiding. Verdict and judgment for tbe defendants. Tbe plaintiff excepted. Tbe testimony of Houghton, referred to under division four of tbe opinion, was tbat tbe witness bad discovered two dogs, not tbe defendants’, chasing and maiming bis sbeep, and killed them with the consent of tbe owners. Evidence of tbe behavior of tbe dogs in respect to killing sbeep after tbe occurrence in question, was…
1Opinion of the Court
Taft, J.(1) Tbe questions in this case are those of evidence. V. S. 4836, 4837, provide tbat when sbeep are killed by dogs, 'the selectmen shall proceed and determine tbat tbe killing of tbe sheep is tbe work of dogs, and have the damages ascertained and appraised. The deposition of one Boyd, who was a selectman of tbe plaintiff town at tbe time when the sbeep were killed, was offered in evidence, and *420the statement therein, “I was satisfied it was the work of dogs,” was excluded. It was the duty of the selectmen to determine that the sheep-killing was the work of dogs, before they proceeded…
2Cases cited2 opinions
- Tenney v. HarveySupreme Court of Vermont · 1891
- Camp v. CampSupreme Court of Vermont · 1887
3Cited by3 opinions
- State v. DohertySupreme Court of Vermont · 1900
- State v. BeanSupreme Court of Vermont · 1905
- Town of Lowell v. ParkerSupreme Court of Vermont · 1923