8-10 FEEOCIOUS AND VICIOUS ANIMALS. 



and was at large ; but it must be actually attacking the 

 party at the time. Therefore, where the defendant was 

 passing the plaintiff's house, and the plaintiff's dog ran out 

 and bit his gaiter, and on the defendant turning round 

 and raising his gun, the dog ran away, it was held that 

 the defendant was not justified in shooting it (r). It is a 

 question for the jury whether a person who has struck or 

 killed a dog has done so for his own preservation, or 

 whether it was a wilful and malicious trespass on his 

 part (s). 



(>•) Morris v. Nugent, 7 C. & P. (s) Manway v. BouUhee, i C. & P. 



572. 350; 1 M. & Kob. 15. 



