The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-07-30
TALE OF A TABLES CAT.
solemn Judge INDUCES in HumOr In
Legal Opinion.
From the New York Sun.

oBlhIOh.
From the New York Sun.
A departure from legal formality char
acterived an opinion handed down by Jus
tice MacLean in the Appellate term of the
Supreme Court yesterday, concurrng in
the atfirmance of a judgment obtained by
Miss Lillian c. Moeran for $50 against the
Nev York Poultry. Pigeon and Pet Stock
Association for the loss of Manx cat The
cat, which was named Zenda, escaped
from the cat show of the defendant given
last winter in Madison Square Garden. 1t
had been put on exhibition by Miss Moeran
on an agreemen that it should be cared
for and returned to her at the end of the
show. The cat escaped. Miss Moeran got
judgment against the defendant on the
ground of negligence The defendant ap-
pealed. Justice MacLean says:
Herein is an instance of bailment or.
to borrow learned language from Massa-
chusetts 90 Gray 1863, locatum of Manx
feline, described as a male specimen. long
er as to its two hind legs than as to its
fore, prize winning from agricultural So
cietes, of great value and without a tail.
brought TO the show Of pigeons. of poul-
try and of pets, 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 cOlored b,ouse. in which
livery many were about, who opened The
coop door and showed both how to open
and close it, little later the powerful
and peculiar exhibit had moved the iron
bottom, along and partly beyond the plat
form whereon it stood. making an aper-
ture sufficient for its escape Then he
was off. There was a quick but bootess
pursuit by the attendants in pack with
many others, with hue and cry Though
often spied in the secrecies between the
roof and rafters and subcellar of the vast
garden, Zenda was never recovered.
Whether his manucapture was impracd-
cable because he was strenuously moved
to solitude by jealousy, of any other of the
impulses delicately suggested by Allen, j..
in his letterod and sympathetic opinion 90
Barb. 500 anent the contentious of and
over the dogs of Oneida county. or because
ferae naturae as was held al Hun. 1861 To
be the bivavle though destitute of loco
motivity in an oyster bed litigation in an
adjoining judicial department, is not stat
ed.
The defendant contends that It was re-
lieved from liability for such loss because
the animal was received at owners risk
But that proviso in the entrance blank.
read with the regulation also prepared and
furnished by the association. 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 II left the latter
liable for occurrences which might be
avoided with ordinary care and prudence.
1t stl left 10 the exhibitor right TO an
ticipate that the coops provided, and in
which, within the regulations, exhibits
could only be shown, would be suitable for
their purpose and such as were likely TO
enable the defendant 10 carry out its an
dertaking Besides, the constructive CAP
ton of the cat at the outset was lucrandi
amino, so far as the corporation had a
mind. 1t was delivered on the invitation
of the defendant which charged and re-
ceived a payment for the entry and for the
coop. Then it was to take again from
Massachusetts without pagiary, locatum
and not depositum and the defendant was
liable for want Of ordinary care (Newhall
vs., Paige and another. 10 Gray. $780,
THE learned Justice of the Municipal
Court before whom the parties appeared
and introduced their evidence found for
the plaintiff and cast the defendant in dam
ages of $50. He was right. Judgment az
firmed with costs"
Justice Freedman writes the opinion Of
the court TO the same effect and Justice
Leventritt concurs,