DOGS ATTACKIXa PKRSONS OR ANIMALS. 131 



dog which had destroyed some of his sheep and returned to 

 his premises apparently for the purpose of destroying others, 

 though he was not at the time in the very act of destroying 

 or worrying the sheep, nor was it shown that the owner knew 

 of his bad qualities or that the injury could not have been 

 otherwise prevented.^* The subject of sheep-killing dogs 

 will be further considered hereafter.®" 



Where a person is attacked by a dog on the highway it is 

 justifiable for him to kill the dog.®^ But where the defendant 

 was riding a bicycle near the plaintifif's residence and the lat- 

 ter's dog rushed at him and tried to seize his leg and the de- 

 fendant shot him, the defendant was held liable in damages.*^ 



Where a dog bit a man who, after some minutes seeing him 

 again, shot him, the killing was held justifiable, though it 

 would not have been if the dog had been set to guard property 

 and killed by a person interfering.** On the other hand, 

 where a fierce dog attacked a person in his owner's yard and 

 was called off and while going away was shot by the person, 

 the shooting was held not justifiable.** So where the dog 

 bit the defendant's gaiter, and on his raising his gun the dog 

 ran away and the defendant shot him, this was not justifi- 

 able.85 



Where a person "suddenly assaulted" by a dog may, by 

 statute, kill him, it is not necessary that he should kill the dog 

 instantly, but one bitten while separating two fighting dogs 



" Parrott v. Hartsfield, 4 Dev. & B. L. (N. C.) no, and see the extract 

 from the opinion quoted supra. 



" See § 94, infra. 



"^Reynolds v. Phillips, 13 111. App. 557; Credit v. Brown, 10 Johns. 

 (N. Y.) 36s. 



So where his horse is repeatedly attacked by a dog in a dangerous 

 place: Quigley v. Pudsey, 26 Nov. Sco. 240. 



'^ West V. Costello (Co. Ct. case), 20 Ir. L. T. 166. 



°' Bowers v. Fitzrandolph, Addison (Pa.) 215. 



" Perry v. Phipps, 10 Ired. L. (N. C.) 259. 



"Morris v. Nugent, 7 C. & P. 572. See the article in 54 J. P. 452, 

 quoted in § 46, infra. 



