Holcomb v. Van Zylen

140 N.W. 521 (1913)

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Holcomb v. Van Zylen

Michigan Supreme Court
140 N.W. 521 (1913)

Facts

William L. Holcomb (plaintiff) sued Henry Van Zylen (defendant) pursuant to C.L. 1897, § 5593. Under Section 5593, an individual had a cause of action against a dog’s owner if the dog killed or injured the individual’s sheep, lamb, swine, cattle, or other domestic animal. Holcomb alleged that Zylen’s dog had attacked Holcomb’s turkeys in violation of the statute. Zylen filed a demurrer, seeking to dismiss the case on the ground that a turkey did not constitute an animal under the statute. The trial court concluded that a turkey constituted an animal and overruled the demurrer. Zylen filed a writ of certiorari. The Supreme Court of Michigan reviewed the case.

Rule of Law

Issue

Holding and Reasoning (Bird, J.)

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