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SMITH v. RIEDINGER

No. 7785.

95 N.W.2d 65 (1959)

Robert C. SMITH, Plaintiff and Respondent, v. Alex RIEDINGER, Defendant and Appellant.

Supreme Court of North Dakota.

February 19, 1959.

Attorney(s) appearing for the Case

Kelsch, Scanlon & Kelsch, Mandan, for defendant-appellant.

J. K. Murray, Bismarck, for plaintiff-respondent.

MORRIS, Judge.

The plaintiff brought this action to recover damages for the killing of plaintiff's chickens by defendant's dogs. The action is based on Section 36-2111 NDRC 1943 which provides:

"The owner of any dog which shall kill, wound, or chase any sheep or other domestic animal or poultry belonging to another person shall be liable to such other person for all damages caused thereby."

The complaint alleges that the defendant was the owner and...

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