Chapter 273
Dogs--Cats
273.020. Recovery of damages for sheep killed--disposition of dog, penalty.
In every case where sheep or other domestic animals are killed or maimed by dogs, the owner of such animals may recover against the owner or keeper of such dog or dogs the full amount of damages and the owner shall forthwith kill such dog or dogs; and for every day he shall refuse or neglect to do so, after notice, he shall pay and forfeit the sum of one dollar, and it shall be lawful for any person to kill such dog or dogs; provided, however, that whenever in any case the facts shall show that in the worrying or killing, maiming or wounding of any said sheep or other domestic animals that the same was done by two or more dogs belonging to different owners, then the plaintiff, the person whose animals were killed, wounded or maimed, may at his or her election, join all of the owners of said dogs as joint tortfeasors or may sue each one separately at his or her election.
(RSMo 1939 § 14535)
Prior revisions: 1929 § 12861; 1919 § 4351; 1909 § 855
(1957) Chickens held "animals" within the statute and evidence was sufficient to support judgment. Tillery v. Cook (A.), 297 S.W.2d 9.
273.030.Dogs may be killed, when.
If any person shall discover any dog or dogs in the act of killing, wounding or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has or have been recently engaged in killing or chasing sheep or other domestic animal or animals, such person is authorized to immediately pursue and kill such dog or dogs; provided, however, that such dog or dogs shall not be killed in any enclosure belonging to or being in lawful possession of the owner of such dog or dogs.(RSMo 1939 § 14536)
Prior revisions: 1929 § 12862; 1919 § 4352; 1909 § 856273.110. Application to recover damages from fund.
1. No owner or custodian of livestock or poultry which has been injured or killed by dogs shall be entitled to receive any portion of the county dog license fund unless within ten days after suffering such loss or damage he, with two other credible residents of the county, not kin to him by blood or marriage or not in his employ, make written application supported by affidavit to the county clerk on blanks furnished by the county clerk, stating:(1) That he is a resident of the state of Missouri, and that he has resided in such county for more than thirty days immediately preceding the date of the injury or killing of his livestock or poultry;
(2) That he was the owner or custodian on such date of such livestock or poultry;
(3) The legal description of the premises on which such livestock or poultry was injured or killed;
(4) A complete description as to the number, weight and color of such livestock or poultry;
(5) The market value thereof on the date of such injury or killing.
2. The county clerk shall file all such applications and affidavits so received by him to be examined and passed upon by the county commission, except that no claim shall be considered or paid for the destruction of livestock or poultry by a dog or dogs belonging to the owner of such livestock or poultry.
(RSMo 1939 § 14549, A.L. 1990 H.B. 1070)