Allen v. Camp
Allen v. Camp
Opinion of the Court
The complaint filed in the trial court by the appellee, as plaintiff, against the appellant, as defendant, contained but one count, and is in the following language: “The plaintiff claims of the defendant five thousand ($5,000) dollars as damages for wrongfully killing a bull terrier dog, the property of the plaintiff, on or about May 1, 1915.”
To this count was added by amendment, against the objection and duly reserved exception of the defendant, the following: “And other wrongs and injuries as follows, to-wit: That his wife was, made sick and sore and ill on account of such trespass, and that he was forced to pay out large sums of money for physicians’ services and medicines, and he was deprived of her services for a long period.”
The case was tried on the issues made under the allegations of this complaint and the defendant’s plea of the general issue “with leave to give in evidence any testimony material to its defense as if specially pleaded.”
The evidence without dispute showed that the defendant during the absence of the plaintiff and his family, went to the home of the plaintiff with his (defendant’s) son, and entered the house by raising a window and helping his son through the window, by which means an entrance was effected to one of the rooms in plaintiff’s home in which the dog was securely fastened by a chain and collar to the furniture or a doorknob; that upon discovering the dog tied in plaintiff’s house the defendant shot and
“If, in such cases, a loss happens, it is more just that it should fall as a misfortune on the owner than on him who is acting in strict conformity with the first law of nature.”—Russell v. Barrow, supra.
Wherever there is a wrongful injury or destruction of property, the law implies that the owner has sustained some damage from the injury, loss, or deprivation of its use (Parker v. Mise, 27 Ala. 480, 62 Am. Dec. 776), and under the undisputed facts in this case the general charge for plaintiff, with hypothesis as to the jury’s belief as to the ownership of the dog, which was in dispute, was properly given.
(4) The question is presented of the court’s rulings in permitting as an element of recoverable damages proof of the condition of plaintiff’s wife, and that she became excited and hysterical, etc., upon being informed that the dog had been killed; and in these rulings we think the court was in error. The plaintiff’s wife was not at home when the dog was killed, between 9 and 10 o’clock in the morning, and knew nothing of it until informed of the facts by some third party during the afternoon of that day. The court allowed the plaintiff to show that his wife was pregnant at the time, and that, superinduced by the information conveyed to her of the dog’s having been killed, she became wrought up, excited, hysterical* etc. The mental pain and suffering of the wife of the owner of the dog, who was not present when the animal was killed, but was informed of the facts hours afterward, is too remote a consequence of the wrongful act complained of in killing the animal to be considered as an element of the damage suffered by the plaintiff. While some of the authorities hold that the general rule limiting damages in actions of tort is that the party who commits a trespass or other wrongful act is liable for all the direct injury resulting from such'act, although such resulting injury could not have been contemplated as a probable result of the act (Brown v. Chicago, etc., Ry. Co., 54 Wis. 343-354, 11 N. W. 356, 911, 41 Am. Rep. 41), the authorities holding the rule to be that a party is not to be held responsible for injuries which could not reasonably have been foreseen as the .result of his misconduct have been approvingly cited and
Whether or not the husband in any event could recover for the mental pain and anguish suffered by the wife (see Reeves v. Anniston Mills, 166 Ala. 645, 52 South. 142; Woodstock v. Stockdale, supra), the result to plaintiff’s wife upon being informed several hours afterwards of the death of the dog, that the court allowed proof to be made of, was not such a consequence as, in the ordinary course of things, would flow from the defendant’s act, or that he would have reason to apprehend would take place when the act was committed in her absence. This injury not being one which the defendant could reasonably be expected to_ anticipate as likely to ensue from his conduct, it cannot be regarded as a natural consequence for which the defendant wojfld be legally responsible.—Phillips v. Dickerson, 85 Ill. 11, 28 Am. Rep. 607.
For the errors pointed out, a reversal must be ordered.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.