Hays v. Miller

CourtSupreme Court of Alabama
Writing for the CourtANDERSON, J.
Citation150 Ala. 621,43 So. 818
Decision Date08 May 1907
PartiesHAYS v. MILLER.

43 So. 818

150 Ala. 621

HAYS
v.
MILLER.

Supreme Court of Alabama

May 8, 1907


Appeal from City Court of Hadsden; John H. Disque, Judge.

Action by E. T. Miller against John R. Hays and another. From a judgment for plaintiff, defendant Hays appeals. Affirmed.

This was an action for damages resulting from the bite of a ferocious wolf. Counts 6, 7, 8, and 9 of the complaint allege in effect that plaintiff was attending to his own business in the streets of Attalla, and defendants had in their possession, tied with a chain, a wolf of a canine species, a ferocious wild animal, and negligently allowed said wolf to bite and wound plaintiff, from which plaintiff suffered great physical and mental pain. There was a claim in the ninth count for special damages of $10 expended in employing a physician to attend and dress said wound caused by said bite. Numerous demurrers were interposed, raising the question as to special damages and as to the rights to recover for mental anguish, and for that it does not appear from the counts whether plaintiff suffered injury from the bite of one or three animals, nor whether the animal which bit plaintiff was a wolf, or a canine, or a ferocious animal. These demurrers being overruled, plaintiff set up by way of pleas that one of the defendants, Kelly, had the wolf securely tied by a chain and was managing him with all due caution, and warned plaintiff not to approach; but plaintiff did approach and tease said wolf, and was injured while fretting or teasing him. Plea 8 was as follows: "For further answer to the complaint, defendant says that he did not own, nor was he in possession or control of, the animal when the plaintiff received the injury complained of, and avers that said animal was not known to be fierce, dangerous, and irreclaimable, but had been domesticated to such an extent as to lead those acquainted with its habits to believe that no harm would come from contact with it; that this defendant had known the animal for some weeks before the alleged injury to plaintiff, and had never known it to harm or attempt to harm any one, although it had been brought constantly in contact with other people." The plaintiff moved the court to strike all of plea 8 from the words, "and avers that said animal," and all other words to the end thereof. Before the trial of the cause the defendant Kelly died, and the defendant Hays objected to judgment being rendered against him alone. There was judgment for plaintiff as...

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22 practice notes
  • Union Indemnity Co. v. Webster, 6 Div. 950
    • United States
    • Supreme Court of Alabama
    • October 25, 1928
    ...living and before the court. Garrett v. Lynch, 44 Ala. 324; Bachus v. Mickle, 45 Ala. 445; Ex parte Hall, 47 Ala. 675; Hayes v. Miller, 150 Ala. 621, 43 So. 818, 11 L.R.A. (N.S.) 748, 124 Am.St.Rep. 93. The case of Garrett v. Lynch, supra, was a construction of section 5717 of the Code, as ......
  • Tipton v. Town of Tabor, No. 19631
    • United States
    • Supreme Court of South Dakota
    • August 28, 1997
    ...fit in this category as they are considered unsafe no matter how "domesticated" their owners may consider them. Hays v. Miller, 150 Ala. 621, 43 So. 818 (1907); Collins v. Otto, 149 Colo. 489, 369 P.2d 564 (1962)(coyote, or "prairie wolf," Canis latrans ). Can wolfdogs b......
  • Union Pac. R.R. Co. v. Nami, NO. 14–0901
    • United States
    • Supreme Court of Texas
    • June 24, 2016
    ...an animal [ferae naturae ] in places of public resort is or may be liable for the injuries inflicted by it on a party.”); Hays v. Miller, 150 Ala. 621, 43 So. 818, 819 (1907) (recognizing a distinction between liability for owners of domestic animals and that of those who possess animals fe......
  • Boswell v. Bethea, 6 Div. 792.
    • United States
    • Supreme Court of Alabama
    • January 29, 1942
    ...relief, is not subject to demurrer. Birmingham Railway, Light & Power Co. v. Hunnicutt, 3 Ala.App. 448, 57 So. 262; Hayes v. Miller, 150 Ala. 621, 43 So. 818, 11 L.R.A.,N.S., 748, 124 Am.St.Rep. 93; Barnett v. Freeman, 197 Ala. 142, 72 So. 395; Alabama Fuel & Iron Co. v. Bush, 204 A......
  • Request a trial to view additional results
22 cases
  • Union Indemnity Co. v. Webster, 6 Div. 950
    • United States
    • Supreme Court of Alabama
    • October 25, 1928
    ...living and before the court. Garrett v. Lynch, 44 Ala. 324; Bachus v. Mickle, 45 Ala. 445; Ex parte Hall, 47 Ala. 675; Hayes v. Miller, 150 Ala. 621, 43 So. 818, 11 L.R.A. (N.S.) 748, 124 Am.St.Rep. 93. The case of Garrett v. Lynch, supra, was a construction of section 5717 of the Code, as ......
  • Tipton v. Town of Tabor, No. 19631
    • United States
    • Supreme Court of South Dakota
    • August 28, 1997
    ...would not fit in this category as they are considered unsafe no matter how "domesticated" their owners may consider them. Hays v. Miller, 150 Ala. 621, 43 So. 818 (1907); Collins v. Otto, 149 Colo. 489, 369 P.2d 564 (1962)(coyote, or "prairie wolf," Canis latrans ). Can wolfdogs be included......
  • Union Pac. R.R. Co. v. Nami, NO. 14–0901
    • United States
    • Supreme Court of Texas
    • June 24, 2016
    ...an animal [ferae naturae ] in places of public resort is or may be liable for the injuries inflicted by it on a party.”); Hays v. Miller, 150 Ala. 621, 43 So. 818, 819 (1907) (recognizing a distinction between liability for owners of domestic animals and that of those who possess animals fe......
  • Boswell v. Bethea, 6 Div. 792.
    • United States
    • Supreme Court of Alabama
    • January 29, 1942
    ...to relief, is not subject to demurrer. Birmingham Railway, Light & Power Co. v. Hunnicutt, 3 Ala.App. 448, 57 So. 262; Hayes v. Miller, 150 Ala. 621, 43 So. 818, 11 L.R.A.,N.S., 748, 124 Am.St.Rep. 93; Barnett v. Freeman, 197 Ala. 142, 72 So. 395; Alabama Fuel & Iron Co. v. Bush, 204 Ala. 6......
  • Request a trial to view additional results

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