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Kinnion against Davies

Maclean & Robinson's Appeal Cases English Reports Cited authorities 3 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 79 E.R. 1021

IN THE KING'S BENCH.

Kinnion against Davies

case 12. kinnion against davies. Trinity Term, 12 Car. 1. Roll 1096. An action on the case for knowingly keeping a dog used to bite sheep, &c. must aver that the party knew he was used to bite sheep. Ante, 254. 1 Roll. Ab. 4. Dyer, 25. 4 Co. 18. b. Hob. 134. Cro. Jac. 45. 1 Vent. 295. Latch. 119. 2 Lev. 172. Lut. 90. Salk. 662. Strange, 1264. Ld. Raym. 608. 1 Com. Dig. 208. 3 Bl. Com. 153. Error of a judgment in the Common Pleas in an action on the case, for that the defendant a certain dog ad mordendum oven consuetum at Hindon sdenter retinuit et custodivit; which said dog such a day arid place one hundred sheep of the plaintiff's then and there found tarn yraviter momordit, that twenty of them died of the said biting, and the others were much hurt. Judgment being given there by default, Grimston assigned for error, that the declaration was not good ; for he doth not shew, according to the usual course, " quod sdens canem prcedidum ad mordendum oves conmdum sdenter retinuit;" for it may be that he knowingly kept the dog, and yet knew that he was used to worry sheep; which is the main point of the action. All the Court, absents Brampston, upon...

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