The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1876-03-31
Scudder's Dog Case-A Nice Legal Oues.
ton.

Scudder's Dog Case-A Nice Legal Ones.
tiOn.
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. l called
to see you about dog case that kinder
bewilders me, and l thought maby you
might throw some light on her-might just
give me the law points SOS I'd know
whether it was worth while suing or not.
You see me and a man named Potts went
into partnership on dog. We bought
him. He was setter, and me and Potts
went shares on him SOS to take him out q
hunting. 1t was never definitely settled
which half OF him owned and which hall
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's. Consequence was that when the
dog barked | always said, There goes
| Potts's half exercising ITSELF and when the
| dogs tail wagged always considered that
my end was being agitated. And, of
course, when one of my hind legs scratched
one of Pottss ears or one of his shoulders,
| was perfectly satisfied; first, because that
sort of thing was good for the whole dog ;
and, second, because the thing would get
about even when Potts's head would reach
around and bite flea off my hind legs or
snap at a fly. Well, things went along
smooth enough for 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 | ever see. Used
to chase his tail round and round until
he'd get so giddy lie couldn't bark. And
You know l was skeercd lest it might hurt
the dogs health, and as Potts didn't seem
to be willing to keep his end from circula-
ting 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 Sat
urday caused the dog to back up agin
log, and then suddenly dropped the ak
on his tail, pretty close up, and the next
minute lie was booming around that ward,
yowling like boat. 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 sickcd that dog on me-my own half
too, mind you-and the dog bit me in the
leg, bit 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: Can't recover
damages for assault and battery from Potts?
What chopped off belonged to me, recol.
lect. l owned an undivided half of that
setter pup, from the tip of his tail clear up
TO his third rib, and l had right to cut
away as much of 1t as I'd mind to; while
Potts, being sole owner of the dogs head,
is responsible when lie bites anybody"
VI don't know" replied the Judge, mu-
singly. There haven't been any dcci-
sions on cases exactly like this. But what
does MIR. Potts say upon the subicct2"
"Why, Pottss view is that 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 me one hind leg and one fore ler and
makes him joint proprietor in the tall
And he says that if wanted to cut off nv
half of the tail might have done it, and
he wouldn't we cared; but what made him
mad was that / wasted his property with
out 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 sacrifice sooner than hold any in
terest in him on those principles. Now,
what do you think about it 2"
"Well," said the Judge, 81 can hardly
decide so important question off.hand
but at the first glance my opinion is that
VOW own the whole dog, and that Potts
also owns the whole dog. So when he
bites you a suit won't lie against Potts,
nd fla IL
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 dogs tail, and
it is not worth fighting about"
Cant sue Potts, you say?
II think not"
Cant get damages for the meat that's
been bit out of me p
81 hardly think you CAM
swell, well, and yet they talk about
American civilization, and temples of JUS
ticc, and such things All right. Let it
go. l kin stand it; but don't ANYBODY
ever undertake to tell me that the law pro-
tects human beings in their rights. Good
morning, Judge"
"Wait moment, Mr.. Scudder," said the
Judge; "you've forgotten my fee"
eff fee! Why, you don't charge any,
thing when don't sue, do you2"
certainly, for my advice. My fee is
So"
Ten dollars Ten dollars Why, Judge,
that's just what paid for my half of that
dog. | haven't got so cents to my name.
But I'll tell you 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 agin I'll
sue you and Potts as sure as my names
Scudder."
Potts owns the whole dog now, and
Scudder guns without one.-Mar Adler.