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31 Ill. App. 241

Ramson v. Kitner

Appellate Court of Illinois

Decided February 21, 1889

Appellate Court of Illinois · decided 1889-02-21

<p>Dogs—Damages for Killing.</p> <p>' In an action brought to recover the value of a dog mistaken for a wolf and killed, this cgurt holds that the defendants are liable for the damages resulting from tlieir mistake.</p>

Cited by 1 later decisions — most recently March 1987

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-02-21

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Conger, J.

¶1This was an action brought by appellee against appellants to recover the value of a.dog killed by appellants, and a judgment rendered for $50.

¶2The defense was that appellants were hunting for wolves, that appellee’s dog had a striking resemblance to a wolf, that they in good faith believed it to be one, and killed it as such.

¶3Many points are made, and a lengthy argument filed to show that error in the trial below was committed, but we are inclined to think that no material error occurred to the prejudice of appellants.

¶4The jury held them liable for the value of the dog, and we do not see how they could have done otherwise under the evidence. Appellants are clearly liable for the damages caused by their mistake, notwithstanding they were acting in good faith.

¶5We see no reason for interfering with the conclusion reached by the jury, and the judgment will be affirmed.

¶6Judgment affirmed.

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