Durden v. Barnett
Supreme Court of Alabama
Writ of error to the Circuit Court of Montgomery County. ActioN in the' case by Durden against Barnett & Harris. The declaration avers that the defendants wrongfully and injuriously did keep, and carelessly and negligently did permit certain hound dogs, from ten to twenty in number, to run at large, well knowing the said hound dogs then were used and accustomed to attack and bite mankind: which said hound dogs afterwards, and whilst the defendants so kept the same as…
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Writ of error to the Circuit Court of Montgomery County. ActioN in the' case by Durden against Barnett & Harris. The declaration avers that the defendants wrongfully and injuriously did keep, and carelessly and negligently did permit certain hound dogs, from ten to twenty in number, to run at large, well knowing the said hound dogs then were used and accustomed to attack and bite mankind: which said hound dogs afterwards, and whilst the defendants so kept the same as aforesaid, did attack and bite one J. S. D., an infant son of the plaintiff then living with and engaged in his service, per…
1Opinion of the Court
GOLDTHWÁITE, J.
— There can be no question, at this day, that an action on the case is the proper remedy when an *170injury has been sustained from the act of any mischievous animal. [1 Chitty’s Plead. 137.] 'So also it is the proper action to redress an injury to the relative rights of individuals : at all events where the act causing the injury is not accompanied with force. [Ib. 139.]
It is said the owner of domestic animals, not necessarily inclined to commit mischief, such as dogs, horses, &c., is not liable for an injury committed by them, unless it can be shown that he previously had notice…
2Cited by25 opinions
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- Owen v. HampsonSupreme Court of Alabama · 1952
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
- Smith v. CauseySupreme Court of Alabama · 1853
- Trow v. ThomasSupreme Court of Vermont · 1898
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