Brent v. Kimball

Citations

• 60 Ill. 211

Syllabus

<p>1. TRESPASS — to personal property — -Jailing a dog. Where one person hills the dog of another, which has been scared and runs upon his premises, but has done no injury, or was attempting to do none, but simply because the party killing it suspects that the dog had previously interrupted his hens’ nests, such act is a trespass, for which the perpetrator is liable.</p> <p>2. OwneR oe dog — Halle when, for his trespasses. If a dog is vicious, and the owner has notice of the fact, an action would lie against him for damage by the dog. But the party injured has no more right to kill the dog than he would have to kill a breachy animal for breaking into his corn.</p> <p>3. Same — liability of owner — justification under the statute. Our statute has .enacted the common law in declaring that the owner of a dog shall be liable for all damages sustained by reason of such dog killing, wounding, or chasing sheep, or other domestic animals. And the same act authorizes any person, who may discover any dog, killing, wounding, or chasing sheep, or discover such dog under circumstances that satisfactorily show that the dog has recently been so engaged, to immediately pursue and kill such dog. No one but the master of a dog has the right to kill him, except where the dog is found killing, wounding, or chasing sheep, or under circumstances which show that the dog lias been recently so engaged, or where he has been recently bitten by a rabid dog, or by one reasonably supposed to be so, or where a dog is ferocious and attacks persons.</p> <p>4. Right oe action — proof of pecuniary injury. It is error, in sucha case, for the court to instruct the jury that, to recover, the plaintiff must prove, by a preponderance of evidence, that the dog was his property, and was of some pecuniary value. The law recognizes the right of property in a dog, and if it was destroyed without legal justification, the law implies damages, and plaintiff is entitled to at least nominal damages, as it does in e