Brent v. Kimball

This was an action of trespass, brought by appellant against appellee, for the alleged wrongful killing, by the latter, of appellant’s dog.

The evidence shows, without conflict, that, as the dog in question was passing along the highway, some boys scared him into appellee’s yard, whereupon the latter came out with his gun and shot him.

Appellee does not pretend, in his evidence, that the dog, at the time of the killing, was doing any mischief to person or property, but claims, more, as it seems, upon suspicion than knowledge, that the dog had previously destroyed his hens’ nests or eggs.

If the…