The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-30

Array OF Many Instructive Gases Related
"a the Killing OF Catlin's Dos by Tracy.

70 tne httinE OF Caunb DoB W HWY
To THE EDITOR or The sus-Si: noticed
In The Sun Of Sunday last an editorial on
dog law. wherein you refer TO a lawsuit
recently commenced In this State to recover
81 1000 damages for the killing OF a 81 ber-
nard dog, which II seems was aghting WITH a
pointer. or setter. 1t would seem from the
reading Of your editorial that the Defendant
killed the st Bernard In order 70 save inc
life OF another dog. a pointer. You state IN
substance that you know OF no case where
the question involved. |. e.. the right OF the
owner Of a dog TO kill another dog whlch
attacks his. has been passed upon by an APP
pellate court.
Permit me TO call your attention to the case
OF Boecher vs Lutz, decided by the General
Term OF the Court Of Common Pleas OF new
York, In January, 1885. In this case Justice
Van Hoesen In delivering the opinion OF the
court says: IF two dogs are hghtlag ana
cannot otherwise be separated. the dog
that made the attack may lawfuuy be Ailleu'
1t must. however. be shown that the dos
killed was the aggressor. and that II was
necessary to kill him."
presume that In order to be such an ag-
gressor as to justify his being killed. a dog
must actually pounce upon another aos'
Probably no mere growls. bristling OF hair.
or exhibition OF canine teeth would warrant
any dog In engaging In q duel.
/ cannot lose this opportunity to brieny
mention q few other cases relating TO canine
Jurisprudence which are somewhat mover.
There was once In force In the state OF
Michigan q statute authorizing any person
TO kill a dog at large and unlicensed. II
was decided In the case OF Helsrodt VS.
Hackett ga, Mich. 2s3) that q dog. though
S p5SRsri ny, hI sRfsfty T kifi n sh anlpcesssSed. dog
under this statute. because a dog could not
have the reasoning power to know whether
In the old English case OF smith VS.. Pelsh
q Strange, i204l, the punlshineh{ a0r = oau
De- Is pointed out. IL Is thete SAG, a tiI s1bs
The question Of character Is of great lmpor-
case Line vs. Taylor Is, +. a r; Nlsi PTius.
7SD, 1t is said that the dog was brought into
court and inspected by me Jury thSt nney
whether or not he acted In a dogged manner
in the presence of the Judge and Jury
Gutts Percha Manufacturing Company sac
Hun, SAD that proof Of good character OF a
dog is inadmissiple after his bad character
has once been shown The rule may. per
haps, be the same with man In a majority
OF cases. and that character once lost Is seldom
II was decided in another New York dog
case, Jacoby vs. Ockerhansen (S7 81. Rep,
7iOl that a dog has no right TO bite a man
was trying TO collect a bill from the dogs
owner Again, "a man cannot be made
liable for har boring q dog merely because ms
employee has one In his family" Auchnuty
upossibly an ancestor OF mine) vs. Ham
"a DEMO. 405l Just as II any man whose name
was Ham would be likely 70. keep a dog
In an Illinois case heightlinger vs. Egan
RS III. 1881 IL was decided that a dog may
bite even a man in self defence. but cannot
do so for some past insult or injury. ~,
The banner dog case, perhaps, Is that OF
Wiley v. Slater (22 Barb 500 In THIS case
Mi. Justice Allen says that he has never be-
fore been called upon to construe the prln-
cipies OF the Code Duello a. applied TO dog.
He intimates pretty strongly that TO night
is still one Of the few sacred and inalienable
rights Of dogs. Says the learned JUSTICE
Let dogs delight to bark and night,
For God hath made them so;
Let bears and lions growl and nghi'
For It's their nature TO.
1t was not claimed. be says, that the
struggle was not In all respects ~dog-hke
and fair Continuing, he says, at any
rate there must be proof that the defend
ant dog was the Hggressor and that no
dog is bound to entertain and make friends
with a strange dog That, when one dog
visits another dog he must. be content TO
put up with dog-tarc" That the cour-
tesies and ho-pit alities Of dos life cannot
well be regulated by the judicial tribunals
-, ,ka la,J MIItN %