The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-06-02

case 1t Is a mare. But this does NOT seem
70 us 20 present a satisfactory ground of
ulstlncton, inasmuch as the mare and
mule are bound quite closely by ties of
consanguinity
IN ADDITION we are confronted with the
as osn OF tdcnardson VS.. Duncan, 2 Heisk
~ IN which the court, after mature de-
liberation, held that a mules Sire is
morse In the eye of the law, whatever NAV
oe the Iacts. The next difference in the
cases Is that in this case the mare
attempted to cross the stream by step-
Pnig on the open spaces between the ties
Whlle IN the Holder case the mule tried
70 Jump over the stream, bridge and all
IN that case the mule was killed. In this
the mare went over somewhat dtsfieured
Out sun on the track and ready for an
other trestIe. In that case the plaintiff
got no verdict. In this one he did. These
appear 10 be the only features of differ
erehce that counsel have been able 10
POINT out, and they are not entirely sat
lsfactory to the court
Inc court finds it very difficult TO ex
pam the conduct of this mare Whom tho
tram was chasing her down the track
SHe stopped at the bridge and refused to
Use put' When the fireman drew near.
she ran across the first trestle and was
ready to try the second one if necassarI,
II Is not shown there was anything mn
usual IN the appearance of the fireman
POSSIBLY he had on his black clothes and
ms lace may have been covered with
smoke; out this does not appear in the
record, and it does not appear that he
made any demonstrations or noise ~,
struck any unusual attitude. that vouId
SO IIighten this animal as to make her
cross the bridge, which she refused 10 do
before locomotive.
ferVersity and disposition to have
tL.eIr own way seems to be a peculiarly
fI9nnaGCnp
short time since the court had to ross m
Oh the case of Texas pony that com
mltted suicide. In that case. since tho
animal mad been transferred from the
plains of Texas to the mountains Of ~
tennessee and had not become acclinat-
ed, the suicide could be easilv exnIained
Lyon VS.. Stills 81 Tenn. 514. IN g w
rep (ZSo) In another case two hounds
IN fox chase in McMinn county dIs'
puted the right of way with an approach
ing train over the tracks of this eapoo
IdIlroau' Inc consequence was that one
was immediately transferred to the happv
hunting grounds, where there are no raU
ROADS or other corporations, as thew have
10 sous, ana consequently no hereafter
Inc other was not killed, but was inora,
ed dog. ' u "iii-
6ut, While this perverse disposition
seems to exist in the animals of East Ton
nessee, it is not shown that This fireman
knew oil 1t; and, being on a through train
the presumption is that he did nor know
OF these local peculiarities. Counsel for
plalnun says that any farmer knows thar
II Is negligence, pure and simple. to an
proach a mule or frightened horse Uithont
SOFT words and kindly, outstretched hands
Inc distinction here made between a mule
ana morse IS well taken; that is. that n ie
dangerous TO approach frightened horse
put dangerous to approach a mule. wbeth.
er ne IS frightened or not This court in
ideally knows this to be a fact and a. e.
agreed the fireman ought to have known
as Inuch as this court-about horses and
mules. Upon the whole case the coiIrt is
OF OPINION that, inasmuch as the mare has
recovered, the plaintiff ought not to re-
cover; that the fireman did as mucb &c
could be required, and no negligence Is
shown" -
The following comment is made bv the
reporter of the case:
THE court no doubt. in the above ,,o-,
appears TO nave been Influenced in ito de-
cision by its leaning against the mare he
cause of her close consanguinity to q rn,,le
against which the decisions heretofora
seem to have been unfavorable. but as tbe
mare was not the plaintiff, nor Interested
IN the money to be recovered, it Is dif7cnit
to see from horse sense view of tba
case, which the court seems to have taken
why the owners conduct in the case ,,f 81
animal ha@ not quite as much to do u,ith
the defendants responsibility as a matter
of law as did the 'trapeze antics of tba
mare" VIC