50 Vt. 130 | Vt. | 1877
The opinion of the court was delivered by
On the trial the defendant attempted to justify the killing of the plaintiff’s dog by virtue of s. 3, p. 527, Gen. Sts., which makes it the duty of the owner or keeper of a dog to cause a collar, with his name plainly written thereon, to be worn on the neck of the dog, and then provides : “ And it shall be lawful for any person to kill any dog running at large off the premises of the owner or keeper, not having on such collar ; and the owner or keeper of such dog shall recover no damage for such killing.” The plaintiff’s dog was a hound, trained to hunt foxes, and kept chained except when taken out for that purpose. On the occasion when shot, the plaintiff was out with the dog in pursuit of a fox, and although at the time of the shooting the plaintiff was some distance from the dog, he was still in the chase, and Stone, who had joined in the pursuit in accordance with a previous un
II. The defendant claimed that the shooting of the dog was accidental, occasioned by attempting to shoot the fox, as he had a right to do. If the kind of accidental shooting shown by the defendant was such as rendered him liable, the ruling of the court that he had no right to shoot at the fox if the dog had brought him under cover, whether correct or erroneous, becomes immaterial. It is only injuries from unavoidable accidents that are not actionable. In the case cited and relied upon by the defendant on this point, Vincent v. Stinehour, 7 Vt. 62, it is held: “Therefore, when a person is doing a voluntary act which he is under no obligation to do, he is held answerable for any injury which may happen to another either by carelessness or accident. On this principle the case of Underwood v. Hewson, 1 Stra. 596, was decided. The act of uncocking the gun was voluntary, not unavoidable ; a greater degree of prudence was therefore required.” The shooting of the fox was voluntary, not unavoidable, and furnishes no
III. We think there was no error in the court’s charge in regard to exemplary damages. The court told the jury they were at liberty to add this class of damages if they found the defendant “ intentionally and wantonly ” — that is, purposely and recklessly, or without proper regard for the rights of the plaintiff — shot the dog. .The law implies malice where a party purposely commits a trespass, especially if he commits the tort with a total disregard of the rights of the owner.
IY. There is no analogy between the jurors’ obtaining a dictionary to ascertain the meaning of the language which they use in a special verdict, and the giving them the General Statutes by direction of the court, to hunt out for themselves the law relating to manslaughter. The jurors are to receive the law from the court in criminal cases even. It is the duty and prerogative of the court to explain to the jury the law on any subject brought before them for determination. If the court fail to suitably discharge this duty, it may be error. But the court is under no such duty, uncalled upon, to explain the meaning of ordinary words ; neither is it necessarily ei’ror for the jury to inform themselves of the meaning of such words from the dictionary, when they have occasion to use them in writing special verdicts. It is not apparent that the defendant was prejudiced thereby, and therefore it furnishes no ground for the reversal of the judgment of the County Court on exceptions. For aught that appears the County Court exercised a wise discretion in overruling the defendant’s motion to set aside the vei’dict and for a new trial. This court will not revei'se the judgment of the County Coux-t when denying a motion resting lai’gely in discretion, unless the exceptions render it clear that in its action that court has been governed by erroneous views of the law relating thereto, to the legal prejudice of the excepting party.
Judgment affix'med.