The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-27
TAILLESS CAT BAILMENT.
JUSTICE MAGICIAN SIPS 5EEDA WAS
LOCITUM, NOT DEPOSITUM.

When lie Flew the Coop, ms tho Court De-
scribrs II, the Poultry Show Was Respon-
hible-with Incidental Notes on tho Wild
Oyster and tho Oneida County Dog.
A departure from legal formalty character
lied an opinion handed down by Justice Mac
Lean in tho Appellate Term OF the Supreme
Court Yesterday concurring In the afflrmance
OF judgment obtained by Miss Lillian c. Moe
ran for $50 against the Now York Poultry.
Pigeon and Pet Stock Association for the loss OF
a Manx cat The cat. witch was named Zenda.
escaped from tho cat show OF the defendant
given last winter In Madison Square Garden.
1t had been put on exhibition bv Miss Moeran
on an agreement that II should be cared for
and returned to her at the end Of the show.
The cat escaped. Miss Mocran got Judgment
against tho defendant on the ground OF its
negligence. The defendant appealed. Justice
MacLean says:
Herein is an instance OF bailment or. to
borrow learned language from Massachusetts,
90 Gray. 1867. lOcdt,1n OF a Manx felino.Ide-
scribcd as q male specimen. longer rs to ito
two hind legs than as to Its fore. prize winning
from agricultural societies. Of great value and
without tail. Zenda. for so the Maux was
hight. was brought to the show Of pigeons. OF
poultry and OF pats. OF the defendant, and
placed in coop thereof by mistress and maid.
assisted by an offeringman OF fair complexion
and dressed in blue checked overalls with o.
coored blouse. in which livery many were
about. who opened the coop door and showed
both how to open and close ~ A little later the
Iron cage. unforos ghtedly not fastened at the
bottom. along and partly beyond the platform
Ssn ion ba an wns ~ bsre
was n quick but bootless pursuit by the at
tendants in pack with many others, with hue
between the roof rafters and subcelar OF the
yypst Garden. Zenda was never recovered,
BY jealousy or any other Of the impulses dell:
Sna og Bsrb
the contentious OF and over the dogs OF One ida
G94q Gn or H ss if bSayr houSh d
In an adjoining judicial department. is not
THE defendant contends that 1t was relieved
from liability for such loss because the animal
yiso in the entrance blank. read with the regu-
latlon also prepared and Furnished by the ASSOC
prevented by reasonable and ordinary care on
he oihe snow i LEFT {. the Sts5
to the exhibitor right e SntIcipppse tina, the
latons. exhibits could only be shown; would be
suitable for their n9rpose and such as we're z.
undertak ing. Besides the constructive cap
ton Of the cat at the outset was tucdnd, an
im0 so far ms the corporation had mind. It
was delivered on the invitation Of the defend
ant. which charged and received payment for
to take again from Massachusetts without
pagarv. lOcdt'nn and not depOsi t'int. and the
defendant was liable for want OF ordinary
care lNewhaIl vs.. Paige and another. 10 Gray.
3bil'
:. The learned Justice OF the Municipal Court
before whom the parties appeared and intro
duced their evidence foundfo for the plaintih and
east the defendant in damages OF $50, He was
right Judgment AFT rmed with coats"
Justice Freedman writes the opinion OF the
court to the same effect and Justice Leventritt
concurS.