The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-05-15
A DOG PARTNERSHIP CASE,


scudder Explains his BewIideiIuE Troubles
and ForErts somrthinR.
The Philadelphia Bulletin says: 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 name is Scudder; I call
ed to SEQ you about dog case that
kinder bcwilders mo, and I thought
maybe you might throw some light on
her-mipht Just give me the Inv points
SOS I'd knowwhetherit it was worth while
suing or not.
"Well, judge, You SEQ me and man
named Potts went into partnership on n
dog. Wo bought him. Ho was set
ter, and mo and Potts went shares on
him so as to take him out n hunting. It
was mover exactly settled which half OF
him owned and which half belonged
to Potts, but somehow kinder formed
an idea in my own mind that the hind
end was Scudder's and tho front end
Potts. Consequence was that when tho
dos barked, I always said: 'Thcre goes
Potts half exercising itself, and when
the dogs tail wagged, always consid-
cred TINT my end was being agitated.
And, OF course, when one Of my hind
legs scratched ono Of Potts ears or one
Of his shoulders, I was perfectly salts
fed; 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 around
and bite flea OF my hind legs or snap
at n fly.
"Well, things went along smooth
enough for while, until one day that
dog begun to got into the habit Of run
ming around after his tail. He was tho
foolishest dog about that I ever see.
Used to chnsc his tail round and round
until ho got SO gid.ly he couldn't bark.
And you know 1 was skeered lest it
might hurt the dogs health, and as
Potts didn't seem to bo willing to keep
his end from circulating in pursuit OF
my end, l made up my mind to chop
tho dogs tail OF, SOS to make him re.
form and behave. So I caused the dog
to back up agin log, aud then I sud.
denly dropped the ax on his tail, ,lpretty
close up, and next minute he was boom.
ing aronud that yard, yowling like n
boat load OF wildcats. Just then Potts
came up, and he let on to be mad be.
cause I'd 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 mo
in the leg, bit q piece out. Sec that |;
look ut that leg! About half pound
gone; Ct up by that dog.
"Now, what want to SEQ you about,
judge, is this: Can't I recover damages
for assault aud battery against Potts.
What I chopped on belonged to me,
rccollect. owned m undivided half OF
that setter pup, from the tip Of his tail
clear up to his third rib, and I had
right to cut away rs much Of it as l had
a mind to; while Potts, being sole owner
Of the dogs head, is responsible when
he bites anybody"
81 don't know" replied the Judge,
musingly. "Thero haven't been any
decisions Oh cases exactly like this. But
what does Mr.. Potts soy on tho SUBJ
jecti"
"Wh7, Potts view is that I divided
the dog the wrong WY. When he
wants to map out his half he draws n
line from the middle OF the nose, right
along the spine, and clear to the end OF
the tail. That gives him one hind leg
aud one fore leg, and makes him joint
proprietor in tho tail. And he says that
il l wanted to cut off my half OF tho tail
I might have done it, and he wouldn't
have cared; but what made him mad
was That l wasted his property without
consulting him. But that theory seems
to me a little strliued, and if it's legal,
why I'm going to close ont my hall OF
that dog at n sacrifice sooner than hold
any interest in him on those principles.
Now, what do you think about it?"
"Well," said tue Judge, "I can hard
ly decide so important o question Off
hand; but at tho first glance my opinion
is that you own the whole dog and that
Potts also owns the whole dog. So when
he bites you II suit won't lie against
Potts, aud the only thing you can do to
obtain Justice is to make the dog bite
Potts also. AS for the tail, when it is
from the dog it is no longer
the dogs tail, and it is not worth fighting
about"
Cant sue Pottsl" you soy.
"I think not"
"Cau't get damages for the meat
that's been bit out OF me?'
81 hardly think you can."
"Well, well, and yet you talk about
American civilization, and temples OF
justice and such thingsl All right.
Let it go. l kin stand it; but don't
ever undertake to tell me that
the law protects human beings in their
rights. Good morning, judge"
"Wait Il moment, Mr.. Scuddcr," said
the judge; "yCu've forgotten my fee.'
"Ff-ffcc! Why, you do9't charge
when don't sue, 10 youl"
Certainly, for my advice. Ny fec is
"Ten dollars! ten dollars Why,
judge, that's just what 1 paid for my
half Of that dog. 1 haven't got fifty
cents to my name. But I'll tell you
what I'll do. I'll make over all my
rights in that setter pup 10 you, and you
kin go round and fight it out with Potts.
II that dog bites me again, I'll sue you
nnd Potts as sure Rs my names Scud-