#### Ole Johnson, Appellant, v. Gail C. Downing, Appellee.

Gen. No. 5,778.

(Not to he reported in full.)

Appeal from the Circuit Court of Boone county; the Hon. Charles H. Donnelly, Judge, presiding. Heard in this court at the April term, 1913.

Affirmed.

Opinion filed August 2, 1913.

Statement of the Case.

Action by Ole Johnson against Gail C. Downing to recover damages for the shooting of a dog. From a judgment for defendant, plaintiff appeals.

*537Abstract of the Decision.

1. Animals, § 47 * —what are questions of fact. In an action for damages for shooting a dog, held that the question whether defendant was justified in shooting was for the jury.

2. Appeal and ebbob, § 1465*—when admission of evidence is harmless. The admission of evidence of the general vicious character of a dog cannot he complained of where the answers of witnesses to such questions, after objections were overruled, were not responsive, and where such evidence was given by other witnesses without objection.

3. Animals, § 48*—when instructions are improper: Instructions ignoring evidence as to attacks of a dog on different persons and that the owner of such dog knew of the attacks, instructions leaving it to the jury to determine what was a legal reason for killing a dog and instructions stating that a defendant was liable if he killed a dog without any legal reason for so doing, held properly refused.

F. A. Oakley, for appellant.

William L. Pierce, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice Whitney

delivered the opinion of the court.