SCUDDER'S DOG CASE

Taihape Daily Times, Volume 7, Issue 252, 16 July 1915, Page 2

SCUDDER'S DOG CASE

(By Max Adeer.)

A man came into the office of Judge Parker the other day while I was in there attending to a little law business, and he said: Judge, my name is Seudder. I called to see you about a dog case that kinder bewilders me, and I thought maybe you might throw some little light on her—might just give me the law points so’s I’d know whether it was worth while suing or not. “Well, judge, you see me and a man named Potts went into partnership on a dog. We bought him. He was a setter, and me and Potts went shares on him so’s to take him out a-hunting. It was never exactly settled which half l of him I owned, and which half belonged to Potts, but somehow I kinder formed an idea in my own mind that the hind end was Seudder’s and the front end Potts’. Consequence was

that when the dog barked I always said, “There goes Potts’ half exercising itself,’ and when the dog’s tail wagged I always considered that my end was being agitated. And, of course, when one of my hind legs scratched one of Potts’ ears, or one of his shoulders, I was perfectly satisfied; first,, because that sorter thing was good for the whole dog; and, second, because the thing would bet about even when Potts’ head would reach around and bite a flea off my hind legs or snap at a fly. “Well, things went along smooth enough for a while, until one day that dog began to get into the habit of running around after his tail. He was the foolishest dog about that I ever see.

Used chase his tail around and around until he’d get so giddy he couldn’t bark. And you know I was skeered lest it might hurt the dog’s health, and as Potts didn’t seem wiling to keep his end from circulating in pursuit of my end, I made up my mind to chop the dog’s tail off, so’s to make him reform

and behave! So last Saturday I caused

the dog to hack up again’ a log, and then I suddenly dropped the axe on his tail, pretty close up, and the next minute he was booming around that yard, yowling like a load of wild cats. Just then Potts came up, and he let on to be mad because I’d cut off that tail. One word brought on another, and pretty soon Potts sicked that dog on me —my ov.-i; half, too, mind you—and the dogbit me in the leg, bit a piece out. See that—look at that leg! About half a pound gone; et up by that dog! Now, what I w’ant to see you about, judge, is this: Can’t I recover damages

for assault and battery from Potts?

What I chopped off belonged to me, recollect. I owmed an undivided half of that setter pup, from the tip of his tail clean up to his third rib, and I had a right to cut away as' much of it'As I’d a mind to; while Pott's, being sole owner of the dog’s head, is responsible when the dog bites anybody. "I don’t know,” replied the judge, musingly. "There haven’t been any

decisions on cases exactly like this. But what does Mr. Potts say upon the subject-1”

“Why, Potts’ view Is that I divided the dog the wrong way. When he wants to map out his half he draws a line from the middle of the nose, right along the spine, and clean to the end of the tail. That gives me one hind leg and one fore leg, and makes me joint proprietor in the tail. And he says that if I wanted to cut off my hair of the tail I might have done it, and he wouldn't have cared; but what made him mad was that I wasted his properly without consulting him. But that theory seems to me a little strained,

and, if it’s legal, why I’m going to

close out my half of that dog at a sae- • rifice, sooner than hold any interest in

him on those principles. Now, what do you think about it? “Well,” said the judge, “ I can hardly decide so important a question off-hand; but at the first glance my opinion Is that you own the whole dog, and Potts also owns the whole dog. .So when he bites you, a suit won’t lie against Pottw, and the only thing yon can do to obtain justice is to make the dog bite Potts also. As for the tail, when it is separated from the dog, it is no longer the dog’s tail, and is not worth fighting about.” “Can’t sue Potts, you say? ’’ “I think not.” “Can’t get damages for the meat that’s ben bit out of me?” “I hardly think you can.”

“Well, yell, and yet they talk about American civilisation, and temples of justice, and such things. All right: Let it go. 1 kin stand it; but don’t anybody ever undertake to tell me that the law protects human beings in their rights. Good morning, judge.” “Wait a minute, Mr. Scudder,” said the judge; “you’ve forgotten my fee. ’ ’

* ‘P-f-f-feo! ' Why, yon don’t charge anything when I don’t sue, do you?” “Certainly, for my advice. My fee is ten dollars.” “Ten doilers! Ten dollars! “Why, judge, that’s just what I paid for my half of that dog. I haven’t got titty cents to rny name. But I’ll tell yon what I’ll do. I’ll make over all my rights in that Setter pup to you. and you kin go round and fight it out with Potts. If that dog bites me ag "in 1 ’]] sue you and Potts as sure as isy name’s ftcudder, ” Potty owns the whole dog new, -.«««- ‘vuudvf ote. ,