The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1876-05-11
A DOG PARTNERsHfP.CAsE.
scudder Explains his BewilderinG Troubles
and Forsets Something.

scudder Explains his BewiIderins Troubles
| and Forsets Something.
The Philadelphia Bulletin says: A
man came into the Office of Judge x,
the we'll known lawyer, the other day,
and when the Judge had time to listen
to him, he said:
"Judge, my name is Scudder; 1 call
ed to see you about dog case that
kinder bewilders me, and I thought
maybe you might throw some light on
SOS I'd know whether it was worth while
suing or not.
"Well, Judge, you see me and q man
named Potts went into partnership on a
dog. We bought him. He was set
ter, and me and Potts went shares on
him 80 as to take him out hunting. 1t
was never exactly settled which half of
him 1 owned and which half belonged
to Potts, but somehow l 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, always said: 'There goes
Potts half exercising ITSELF and when
the dogs tail wagged, I always consid-
cred 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, was perfectly satis-
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 off my hind legs or snap
at fly.
"Well, things went along smooth
enough for while, until one day that
dog begun to get into the habit of run
ming around after his tail. He was the
| foolishest dog about that I ever see.
| Used to chase his tail round and round
until he got SO gidly he couldn't bark.
And you know l was skeered lest it
might hurt the dogs health, and as
Potts didn't seem to be willing to keep
his end from circulating in pursuit of
| my end, made up my mind to chop
the dogs tail off, SOS to make him re-
form and behave. So I caused the dog
to back up agin log, and then 1 sud
| denly dropped the ak on his tail, ,Epretty
| close up, and next minute he was boom
ing around that yard, yowling like a
| 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 me
in the leg, bit a piece out See that !;
look at that leg About half a pound
gone ct up by that dog.
"Now, what want to see you about,
Judge, is this: CANT recover damages
for assault and battery against Potts
What L chopped off belonged to me,
recollect. owned an undivided half of
that setter pup, from the tip of his tail
clear up to his third rib, and 1 mad
right to cut away as much of it as 1 had
mind to; while Potts, being sole owner
of the dogs head, is responsible when
he bites anybody"
L don't know" replied the Judge,
musingly. "There haven't been any
decisions on cases exactly like this. But
what does Mr.. Potts say on the sub.
ject2"
"Wh-, Potts view is that I divided
the dog the wrong way. When he
wants to map out his half he draws
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 the tail. And he says that
if l wanted to cut off M half of the tail
[ 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 little strained, and if it's legal,
| why I'm going to close out my half of
| that dog at q 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 question off
hand; but at the first glance my opinion
is that you own the whole dog and that
Potts also owns the whole dog. So when
he bites you suit won't lie against
Potts, and the only thing you can do to
Potts also. 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"
"Can't sue Pottsl" you say.
81 think not"
"Can't get damages for the meat
that's been bit out of me ?"
Z" L hardly think you can."
"Well, well, and yet you talk about
American civilization, and temples of
justice and such things Ali right.
Let it go. l 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 moment, Mr.. Scudder," said
the Judge; "you've forgotten my fee."
"F-f-f-fee! Why, you dor't charge
anything when I don't sue, do you2"
Certainly, for my advice. My fee is
$1O."
"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 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 again, I'll sue you
and Potts as sure as my names Scud-
der"
Potts own the whole dog now, and
Scudder guns without one.
VruthPulnasS tn ChiIdran