State v. Smith
Supreme Court of North Carolina
Appeal by defendants from Peebles, J., at May Criminal Term, 1911, of LeNOIe. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Walker.
1Opinion of the CourtWaleier, J.
Tbe defendants were indicted in tbe court below for tbe crime of willfully killing a dog, tbe property of tbe prosecutor. It would be vain and unprofitable to discuss, for tbe purpose of deciding, tbat a dog is a living creature witbin tbe meaning of Eevisal, sec. 3299, under which tbe indictment was drawn and presented by tbe grand jury. We bave beld tbat be is a subject of property, a domesticated animal, and not merely ferce naturw, and tbat a civil action may be maintained for damages caused by an injury to bim, though be may have been guilty of some “youthful indiscretion” or harmless…
2Cases cited12 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Mowery v. Town of SalisburySupreme Court of North Carolina · 1880
- Dearth v. BakerWisconsin Supreme Court · 1867
- Dodson v. . MockSupreme Court of North Carolina · 1838
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3Cited by17 opinions
- Altman v. City of High PointCourt of Appeals for the Fourth Circuit · 2003
- Sink Ex Rel. Pullen v. MooreSupreme Court of North Carolina · 1966
- Newell v. . GreenSupreme Court of North Carolina · 1915
- State v. SylvesterSupreme Court of Vermont · 1941
- State v. WallaceCourt of Appeals of North Carolina · 1980
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