119 Ark. 120 | Ark. | 1915
The court instructed the jury, however, after saying that the plaintiff brings this suit to recover damages for the dog, which the defendant killed, alleging that the dog had a market value, and was killed without cause: “The question for you to decide in this case is the motive that controlled the defendant in the killing of this dog. You are instructed that if he acted iii good faith, and believed it was necessary to kill this dog in order to protect his property he would be justified in doing it under the law; but if he killed it without taking into consideration the circumstances, if he acted negligently or wantonly in shooting the dog, then you will find for the plaintiff.”
“2. If you find for the plaintiff, the amount of the damages will ibe such ,an amount .as you may find from the evidence will compensate him for the loss of the dog, if you find that the dog had a market value. ”