SMITH v. COSTELLO

Nos. 8301, 8302.

290 P.2d 742 (1955)

B. M. SMITH, Plaintiff-Respondent, v. John S. COSTELLO, Defendant-Appellant. Chester K. NISSEN, Plaintiff-Respondent, v. John S. COSTELLO, Defendant-Appellant.

Supreme Court of Idaho.

November 29, 1955.


Attorney(s) appearing for the Case

Graydon W. Smith, Atty. Gen., J. R. Smead, Edward J. Aschenbrener and J. Clinton Peterson, Asst. Attys. Gen., James W. Wayne, Coeur d'Alene, for appellant.

Hawkins & Miller, Coeur d'Alene, for respondents.


KEETON, Judge.

The above entitled cases present for determination the same issues. The actions were separately brought in the district court and were by stipulation there and here consolidated for decision.

On February 21, 1952, appellant shot and killed a Cocker Spaniel dog belonging to respondent Chester K. Nissen, and at the same time and place shot and wounded a Labrador dog belonging to respondent B. M. Smith.

In avoidance of liability defendant...

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