Section 12.50 Killing Dogs and Other Animals

• Library: Tort Law 2016

A. (§12.50) Killing Dogs and Other Animals

Dogs are property and nobody has a right to kill or harm them except for just cause. Frost v. Taylor, 649 S.W.2d 264 (Mo. App. S.D. 1983); Propes v. Griffith, 25 S.W.3d 544 (Mo. App. W.D. 2000). Moreover, nobody can kill a dog on that person’s property if it is posing no immediate danger to the property. Id. (citing Reed v. Goldneck, 86 S.W. 1104 (Mo. App. E.D. 1905)).

The just cause for killing of a dog is primarily addressed by § 273.030, RSMo 2000, and caselaw interpreting that statute. The plaintiff did not make a submissible case in Merriman v. Johnson, 496 S.W.2d 326 (Mo. App. S.D. 1973), claiming his neighbor negligently killed his dog.

A...