Dreyer v. Cyriacks

KNIGHT, J.

While the plaintiff Faust, accompanied by two companions, named Richardson and Kempin, were leaving the home of the defendant Cyriacks in an automobile following a quarrel which had taken place there, Cyriacks fired three shots from a rifle at the automobile. One of the bullets embedded itself in the spare tire, another hit Kempin’s hat and the other penetrated the rear of the automobile and struck and killed a dog belonging to plaintiffs, which, unknown to Cyriacks, was riding on the rear seat with Kempin. Thereafter plaintiffs brought this action for damages for the killing of the dog and upon trial in the Superior Court of Los Angeles County a jury awarded them $100,000 actual and $25,000 punitive damages. The trial court set aside the verdict and granted a new trial, one of the grounds therefor being that the verdict was excessive.

The dog was of the breed known as German police dog, and the scene of the shooting was in or near Hollywood, the dog being worked in the moving picture industry and known as “Peter the Great”. All of the interested parties to this controversy are connected with the same industry. The circumstances leading up to the shooting are sharply conflicting, and it would be unnecessary to inquire into them except that under section 3340 of the Civil Code exemplary damages may be awarded “for wrongful injuries to animals being subjects of property, committed wilfully or by gross negligence, in disregard of humanity”; and the jury awarded plaintiffs an extra $25,000 to cover such element. It appears from the evidence that on the night of the shooting all of the parties had been drinking, and that there was considerable animosity existing between Faust and Cyriacks which arose over the fact that several days previously Faust had called at Cyriacks’ home while he was away and as he claims insulted his housekeeper.

The shooting took place shortly after dark. Late that afternoon Richardson and his wife were making a call at Faust’s house and a quarrel took place between Richardson and his wife, because she persisted in petting Peter the

[282]

Great after he had shown a dislike for her by snapping at her; and Mrs. Richardson left. Thereupon Richardson and Faust started out to find her in Richardson’s automobile, taking Kempin and Peter the Great along with them in the back seat. After searching the streets in the immediate vicinity they went to Cyriacks’ house, where he was entertaining some friends, to see if she was there. Faust testified that he went to the door and inquired for Mrs. Richardson and that after a few words Cyriacks struck at him; that Richardson then came up and asked for his wife; whereupon Cyriacks sicked his police dog on Richardson; that Cyriacks then turned to go into the house for his gun, and that as he did so Faust and Richardson returned to the automobile and started to drive away; that they had proceeded about halfway down the driveway when Cyriacks began shooting, with the result already stated. Faust’s testimony was supported generally by the testimony of Richardson. Cyriacks gave conflicting accounts of the shooting, but the substance of the testimony he gave in court was as follows: He stated that Faust appeared at his door and asked for a drink; that observing that Faust had already been drinking, he told him that he had had enough; whereupon Faust told Cyriacks to bring out his, Cyriacks’, dog and he would throw him in the fish pond; that he then took Faust by the arm, and as they proceeded toward the fish pond Cyriacks’ dog ran out toward the automobile; that he called the dog back and Faust struck the dog over the nose; that Cyriacks then struck Faust and knocked him down; that Faust then dashed into Cyriacks’ house, grabbed a revolver from a holster hanging near the door and called to Richardson to bring his gun; that Cyriacks then went into the house, brought out his rifle and fired down the driveway; that Faust and Richardson then got in the automobile and drove away. The guests at Cyriacks’ house corroborated his statements. Cyriacks denied knowing that Kempin or Peter the Great were in the automobile, and there is no testimony in the record to show that he had any reason to believe they were there.