
    ALLEGHENY COUNTY,
    June Term, 1794.
    George Bowers v. Edward Fitzrandolph.
    
      Bowers brought an action of trespass vi et armis, against Fitzrandolph, for killing his dog. The dog had bit Fitzrandolph, who, a few minutes after, seeing the dog again, shot him. There was also some slight grounds to excite a suspision, that the dog was mad.
   President.

Whether the dog was mad or not, he having bitten Fitzrandolph, the killing of him is justifiable. The dog was a nuisance: and every man may abate a nuisance. This is not the case of a dog set to guard property, and killed by a person interfering improperly. Such killing would not be justifiable.

The jury found a verdict for the defendant.  