The Portland daily press., 1899-08-16
TALE OF A TAILLESS CAT.
He ssFlcw de Coop, and Now the
Poultry show Must Pay HIS Owner
$50.
(New York Sun.

A departure from legal formality chav-
acuerized an opinion handed down by
Justice MaoLean in the appellate term Of
the Supreme Court Wednesday, ooncur-
ring In the affirmance CT a Judgment OBJ
tained by Miss Lillian q. Moeran for $50
against the New York Poultry, Pigeon
and Pet Stock Association for the loss OF
Manx cat. rhe cat. which was named
Zerda, escaped from tho cat sh ow the
defendant given last winter in Madison
Square Garden. 1t had been put ON ex-
hibition by Miss. Moer,n on an agreement
that it should be cared for and returned
TO her at tie 81 d of the show. The cat
escapsd. Miss Moraen got Judgment
against the dsferdant on the grourd Of
Its negligence. Ths dsfendant appealed.
Justics MaoLean says:
"Herein Is an instance of bailment, or,
to borrow learned Language from Massa-
ohusetts (io Gray, 3i6). locatum of q
Manx feline. described as male specl-
men. longer as to its two bird legs than
as to its fore, prize winning from apri-
cultural societies, of great vaius al d
without tall. Zerdi, for SO the Manx
was hight. was brought to the show OF
pigeons. Of poultry ard of pets of the de-
ferdant and plaotd In a coop thereof by
mistress and maid, assisted by an offsr.
ingman Of fair complexion ard dresse d
In blue-rhecked oserails. with color, d
blouse, in which livery many were about.
who opened the coop d DOR and show d
both how to open and close 1t. A little
later the powerful and peculiar exhibit
had moved the iron cage. unforesl ghte dly
not fastened at the bottom, along ard
partly beyond the platform whereon 1t
stoed, mS44ng an aperture sufficient for
its escape. Then he was off. There was
a quick, but bootless. pursuit by the at
tendants In pack, with many Others
with hue and cry. Though often spied
| In the secrscies bstween the roof rafters
and subcellar of the vast garden. Zsuda
was never recovered. Whether his manu-
capture was impracticable because he
was strenuously moved to solitude by
| jealousy, or any other Of the impulses
delicately suggestsd by Allen, j., In his
| letterd and sympathetic opinion {
Barb, 50) anent the conventions OF and
over the dogs of Oneida County, or be-
| cause ferae naturae, as was held (47 Hun.
1861 to be the bivaive, though destitute
OF locomotivity, in an oyster bed litigs-
| tion in an adjoining judicial depart
ment, is not stated.
1.-THE defendant contends that 1T was
relieved from liability for such loss be-
cause the animal was received at 'own-
er's risk But that proviso In the en-
trance blank, read with the regulation
also prepared and furnished by the asso-
citation, caused the owner to assume only
the risk arising from ordinary dangers
not to be prevented by reasonable and
ordinary care on the part of the show
| company. It left the latter liable for CO.
ourrences which might he avoided with
ordinary care and prudence. 1t still lef.
to the exhibitor q right TO anticipate that
the coops provided, and in which, within
the regulation, exhibits could only he
shown, would be suitable for their pur.
pose and such as were likely tn enable
the defendant 10 carry out Its undertak-
ing. Besides, the constructive caption
| of the cat at the outset was lucrandi
amino, SO far as the corporation had &
| mind. Il WAS delivered on the invita-
tion of the defendant, which charged
and received \ payment for the entry ani
again from Massachusetts without pln.
Rlnry, 'locatum and not depositum, anu
| the defendant was liable for want OF Or
dinafy care (Newhali We. Paige and an
other, 10 Gray. $780,
| "The learned Justice tf the Municira'
| Court before whom the parties appearea
and introduced their evidence, found foi
| the plaintiff and cast the defendant In
damages OF $50. He was right. Judg.
| inent aifirmef, with costs."