New-York tribune., 1899-07-27
MUST PAY FOR ZENDA'S LOSS.
LEARNED DECISION IN THE CASE OF THE
ESCAPE OF A CULTURED MANX CAT
AT THE GARDEN

Lillian C. Moeran who sued the New York Poul-
try Pigeon and Pet Stock Association 10 recover
$50 for the loss OF Manx cat. which escaped at
an exhibition In Madison Square Garden. Will get
her money. In an opinion handed down in the
Appellate Term of the Supreme Court yesterday
the Judgment by Civil Justice Wauhope Lynn In
favor OF the plaintiff is affirmed In deciding the
case Justice MacLean takes occasion to write a
humorous opinion. He says:
Herein is an instance Of bailment or to bor-
row learned language from Massachusetts 90
GRAY 3S6) locatum OF a Manx feline. described as
a male specimen, longer TO its hind legs than as
10 its fore prize winning from agricultural soce-
ties of great value and without a tail Zenda,
for so the Manx was hight, was brought to the
show Of pigeons, poultry and OF pets OF the de-
fendant and placed in coop thereof by mistress
and maid, assisted by offering man or fair
complexion and dressed in blue checkered overalls
with colored blouse IN which livery many were
about who opened the coop door and showed both
how 10 open and close It. little later tho pow
erful and peculiar exhibit had moved the iron cage
unforesghtedly not fastened at the bottom, along
and partly beyond the platform whereon It stood
making an aperture sufficient for his escape. Then
he was off.
'There was quick but bootless pursuit by the
attendants in pack with many others with hue
and cry Though often sped in the secrecies be-
tween the roof rafters and subcelar Of the vast
garden Zenda was never recovered Whether his
noncapture was impracticable because he was
strenuously moved to solitude by jealousy any
other OF the impulses delcately suggested by
Allen j. In his lettered and sympathetic opinion
(22 Barb. 500 anent the contentious Of and over
the dogs OF Oneida County. because ferse
naturae as was held (f7b Hun, 1866 To be the bi-
valye though destitute of Iocomotivtty in an oys-
ter bed litigation in the adjoining judicial depart
ment, IS not stated.
THE defendant contends that II relieved
from liability from such loss because the animal
was received at owners risk But that provso in
the entrance blank read with the regulations also
prepared and furnished by the association caused
the owner to only the risk arising from or
binary dangers not be prevented by reasonable
and ordinary care on the part Of the show COM
pany II left the latter liable for occurrences which
might be avoided with ordinary care and prudence
II still left TO the exhibitor right anticipate
that the GOODS provided. and In which. within the
regulations exhibits could only be shown. would he
TO enable the defendant 10 carry out its under
taking 10 return the exhibit at the close of the
exhibition Besides the constructive caption OF the
cat AT the outside was ucrandi amino far as
The invitation OF the defendant which charged and
received a payment for the entry and for tho
coop
Jocatum and depostum, and the defendant was
liable for want OF proper care.
The learned justice OF the Municipal Court be-
fore whom the parties appeared and introduced
their evidence found for the plaintif and cast the
defendant I'm damages OF so. He was right. Judg-
ment affirmed with costs"
While Justice MacITan's associates concur with
him neither appended his name 10 tho opinion as
written by Justice MacLean.