The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-04-21
scuDDER's TROUBLES.
A Dog-Partnership Case.
Philadelphia Bulletin.j

Dog-Partnership Case.
Philadelphia Bulletin.j
A man came into the office OF Judge
x, the well-known lawyer, the other
day, and when the Judge had time to
listen to him he said:
Judge, my nameis Scudder. called
to see you about dog case that kinder
bewilders me, and l thought maybe you
might throw some light on her-might
just give me the law points SOS I'd know
whether it was worth suing or not.
swell, Judge, you see me and a man
named Potts went into partnership on a
dog. We bought him. He was setter,
and me and Potts went shares on him
SOS to take him out a hunting. Is was
never exactly settled which half of him
owned and which halt belonged to
Potts, but somehow kinder formed an
idea in my own mind that the hind end
was Scudder's and the front end Potts..
Consequence was that when the dog
barked l always said, there goes Potts.
half exercising Itself and when the
dogs tail wagged 1 always considered
that my end was being agitated. Aud,
OF course, when one OF my hind legs
scratched one OF Potts ears or one of
his shoulders, was perfectly satisfied; I;
first, because that sorter thing was good
for the whole dog; and, second, because
the thing would get about even when
Potts head would reach round and bite
a flea off my hind legs or snap at a fly.
"Well, things went along smooth
enough for awhile, until one day that
dog began to ges into the habit of rum
ming around after his tail. He was the
foolishest dog about that l ever see.
Used to chase his tail round and round
until he got so giddy he couldn't bark.
And you know l was skeeTed lest it
might hurt the dogs health, and as Potts
didn't seem to be willing to keep his erd
from circulating in pursuit of my end, l
made up my mind to chop the dogs tail off
SOS TO make him reform and behave. So
last Saturday caused the dog to back up
agin log, and then l suddenly dropped
the ak on his tail, pretty close up, and
the next minute he was booming around
that yard, yowlIng like a buat-load Of
wildcats. just then Potts came up, and
he let on to be mad because Pd cut Off
that tail. One word brought on another,
and pretty soon Potts sicked that dog
on me-my own half, too, mind you
and the dog bit me in the leg, bit piece
out. See tnat; look at that legl About
half pound gone; ct up by that dog.
snow, what 1 want to see you about,
L
for assault and battery from Potts?
What chopped off belonged to me, rec
ollect. 6wned an undivided half of
that setter pup, from the tip OF his tail
clear up to his third rip, and l had a
right to cut away as much Of it as I'd a
mind to; While Potts, Being sole owner
Of the dogs head, is responsible when ne
bites anybody"
II don't know" replied the Judge,
musingly. "There haven't been any de.
cisions on cases exactly like this. But
what does Mr.. fotts say upon the sub
jectr
"Why, Petts' view is that divided
the dog the wrong way. When ne wants
to map out his half he draws a line from
the middle OF the nose, right along the
spine, and clear to the eud Of the tail.
That gives me one hind leg and one fore
leg and makes him joint proprietor In
the taI. And he says that ii wanted
to cut OF my half OF The tail might nave
done II, and he wouldn't we cared; but
what made him mad was that wasted
his property without consulting him.
But that theory seems to me little
strained, and Ii it's legal, why Pm going
to close out my half OF that dog at sac
rifee sooner than hold any Interest IN
him ON those principles. Now, what do
you mink ABOUT ltT'
SWELL" said the Judge, "I can hardly
decide so important q uestion off-hand;
but at the first glance my opinion is that
you own the whole dog and that PoLts
also owns The whole dog. SO when he
bites you a suit won't lie against Potts,
and the oniy thing you can do to obtain
justice is to make the dog bite Potts alsc.
AS for the tail, when it is separated from
The dog it is no longer the dogs tail, and
it is not worth fighting about.n
"CaRt sue PoLbs. you sayp"
IL think not"
"Can't get damages for the meat that's
been bit out OF meH
81 hardly think you cam"
"Well, well; and yet they talk about
American civilization, and temples of
justice, and such tningsl All right. Let
il 60. l kin stand it, but don't anybody
ever undertake to tell mo that the law
protects human beings in their rights.
Good morning., Judge"
"WaiE moment, MIR. Seudder." said
the Judge; you've forgotten my fee.V
'F-f-t-eel Why You don't charge any.
thing when don't sue, do youP'
s1O.o "
''Ten dollarsl Ten dollarsl WHY.
Judge, that's just what paid for my
nall OF that dog. havn't got 80 cents to
my name. But I'll tell you what FIJI do.
I'll make over all my rights in that set
ter pup to you, and you can 60 round
and hght 1t out with Potts. Ifthat dog
bites me again Pll sue you and Potts az
as sure my names Seudder."
Potts owns the whole dog now. and
Scudder guns without one,