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 tort-feasors or may sue each one separately at his or her election.
Notes of Decisions
Oak Creek Whitetail Ranch, LLC v. Lange, 326 S.W.3d 549 (Mo. Ct. App. 2010).
· cites it 11× “Oak Creek sued Defendants under Section 273.020 RSMo 2000 1 , which places liability on the dog owner when that dog kills or maims a domestic animal.”
Hill v. Mo. Dep't of Conservation, 550 S.W.3d 463 (Mo. 2018).
· cites it 2× “2010) (holding Respondent Hill's breeder deer are "domestic animals" under § 273.020, RSMo 2000, which places liability on a dog's owner or keeper when the dog kills or maims "domestic animals").”
Tillery v. Crook, 297 S.W.2d 9 (Mo. Ct. App. 1957).
· cites it 6× “” It is not clear from the pleadings, trial or judgment, upon what theory plaintiff’s recovery was predicated, whether it is a statutory action based upon section 273.020 RSMo 1949, V.A.M.S., or an action under the common law for damages sustained by acts of defendant’s dogs.”
Boosman v. Moudy, 488 S.W.2d 917 (Mo. Ct. App. 1972).
· cites it 2× “The common law requirement of scienter, however, has been changed by Section 273.020, V.A.M.S. which imposes absolute liability upon the owner of a dog which injures or kills a domestic animal.”
Propes v. Griffith, 25 S.W.3d 544 (Mo. Ct. App. 2000).
· cites it 2× “It should also be noted that § 273.020 allows recovery to the owner for sheep killed, and the destruction of the dogs by their owner.”
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