Appellate Division of the Supreme Court of the State of New York December 16, 1902 (Smith v. Wetherill)

NASH, J.

The recovery is for the value of a dog killed by the defendant. The evidence of the defendant is to the effect that he saw the dog in the pasture on his premises, chasing his sheep; that he followed the dog up, and got close enough so he could see the dog pulling the wool out of the sheep; that the dog ran after the sheep, and grabbed hold of them with his teeth as they were running away