
    Griggs v. Dittoe.
    
      Dogs at large — Liability to owner for killing — Section 7008, Rev. Stat. — Act-of May 4,1891 (88 Ohio Laws, 518).
    
    Under section 7008, Revised Statutes, as amended May 4,1891, any person may, without liability to the owner, kill a dog running at large away from the premises occupied by such owner and unaccompanied by any person, although such dog is listed for taxation, and the tax paid when due.
    (Decided May 7, 1895.)
    Error to the Circuit Court of Perry county.
    
      
      Ferguson & Johnston and Owen Yost, for plaintiff in error.
    
      W. E. Finck and W. F. Finck, Jr., for defendant in error.
   By the Court.

The general scope of section 7008, Revised Statutes, authorizes any person to kill a dog “at large away from the premises occupied by the owner and unaccompanied by any person.” The concluding proviso of the section as amended May 4, 1891, “that any dog returned for taxation, and the tax on which is paid when due shall be regarded as, and shall be property, etc.,” is not inconsistent therewith. The proviso itself implies that there may be a lawful killing of such animal, and circumstances under which there may be such lawful killing are described in the general scope of the act.

Judgment affirmed.  