Meegan Brothers v. McKay

2 Citing cases

  1. Olson v. Pederson

    288 N.W. 856 (Minn. 1939)   Cited 9 times
    In Olson, the court stated the general common law rule as: “[T]he owner is liable for harm done by his dog, which he has reason to know has dangerous propensities abnormal to its kind to cause harm to others....” 206 Minn. at 416, 288 N.W. at 857 (citing Fake, 45 Minn. at 37, 47 N.W. at 450).

    A dog is presumed to be tame, docile, and harmless until the contrary appears. Domin v. Hollenbeck, 259 Ill. 382, 102 N.E. 782, Ann. Cas. 1914B, 1272; Meegan Bros. v. McKay, 1 Okla. 59, 30 P. 232; Holmes, The Common Law, pp. 118-119; Restatement, Torts, § 509, p. 21, comment f. Harming a human being is regarded as contrary to a dog's nature. "He errs contra naturam suam by biting or any serious misdoing."

  2. Low v. Barnes

    119 P. 389 (Okla. 1911)   Cited 3 times

    Section 16 authorizes any person, a resident of the county, to take up any stallion, jack, boar, buck, or male goat found at large in the county; while section 17 expressly provides that the owners of stock, prohibited from running at large, shall be liable for all damages done by such animals upon the land of another, and provides two methods of procedure by which the damages may be recovered. Counsel for plaintiff in error rely for reversal upon Meegan Brothers v. McKay, 1 Okla. 59, 30 P. 232. This case involved a construction of the Nebraska laws put in force in Oklahoma Territory by the Organic Act, and limited the right of recovery for all damages done by trespassing stock upon the cultivated lands of the party injured; hence is not controlling.