Dreyer

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,…