Ex Parte Minor
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by Phillip B, Minor against Thomas W. Coleman for damages for killing a dog. Prom judgment for plaintiff, defendant appealed to the Court of Appeals, which reversed and remanded (82 South. 42), and plaintiff petitions for certiorari.
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Certiorari to Court of Appeals. Action by Phillip B, Minor against Thomas W. Coleman for damages for killing a dog. Prom judgment for plaintiff, defendant appealed to the Court of Appeals, which reversed and remanded (82 South. 42), and plaintiff petitions for certiorari. Plea 4 was as follows: Comes the defendant, and for a further plea to plaintiff’s complaint as amended and separately to each count thereof says that when plaintiff’s dog was shot by Jim Ward the dog was on defendant’s premises and was in lull pursuit of defendant’s guineas, and that it was necessary, or appeared to be so to…
1Opinion of the CourtSomerville, J.
We agree with’ the holding of the Court of Appeals that the defendant’s fourth plea was not subject to the grounds of demurrer interposed, and that its elimination by the trial court on demurrer was erroneous.
[1,2] The relative values of the dog that was killed and the guinea fowls to be protected by his killing has been held to be “a proper circumstance for the jury to consider in arriving at a conclusion whether the defense was a reasonable one under the circumstances.” Kershaw v. McKown, 196 Ala. 123, 72 South. 47. But there is no rule of law that the defense against liability for killing…
2Cases cited2 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Kershaw v. McKownSupreme Court of Alabama · 1916
3Cited by12 opinions
- First Nat. Bank v. WilliamsSupreme Court of Alabama · 1921
- Life Casualty Ins. Co. v. PeacockSupreme Court of Alabama · 1929
- Birmingham Water Works Co. v. BarksdaleSupreme Court of Alabama · 1933
- Granier v. ChagnonMontana Supreme Court · 1949
- Trenka v. MoosMontana Supreme Court · 1946
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