Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-05
COURT OF APPEALS
OPINION SUSTAINING POLICE
COURT HANDED DOWN.
Dog Owner, Beaten on First Trial,
Took Up Case on Bill Of
Exceptions.

The Court OF Appeals has handed down
an opinion, written by Mr.. Justice Morris
affirming the Judgment Of the Police Court
in the case Of Frank Tubins, plaintiff In
error, against the District of Columbia.
The cause Is rernanded to the Police Court
for the execution oteits Judgment accord
Ing to law.
An information was filed in the Police
Court against Mr.. Tubins as the owner of
certain dog, for allowing It to be at
large in the District, knowing it to be
fierce and dangerous, to the danger and
annoyance Of the Inhabitants of the Dis
trict, in violation of the act Of Congress-
Of June 80 1902.
had, in both Of which Mr. Tutdns was
found guilty. The rulings Of the Police
Court were taken before the Court Of APP
peals on bill Of exceptions and writ of
error.
Mr.. Justice Norris speaking for the
Court Of Appeals, says: ut may be that
the dog was only playful. The collie dog
Is usually harmless and good natured.
Ihere Is abundant evidence Of apparent at
tacks by him on various persons; it may
be that they were harmless gambols. and
that he intended no mischief.
There Is ample testimony tending to show
his propensity to attack and even to bite,
but whether this was for it's own harmless
| amusement or with intent to do injury II
Is not for us to say. Many persons prefer
not to receive such pointed attentions. even
If they are harmless. and women and chill
dren especially are apt to be frightened or
annoyed by them. Strangers cannot al
ways tell in advance whether the atten-
| tfons are intended to be harmless or other
wise. and they have right to be protect
ed from them. The case was one nrone,
to be submitted to a jury or to the trial
court sitting as jury, for a determine
ton of the fact whether the dog was &C.
| tually fierce or dangerous, and whether as
such it annoyed the people. If it was such
| there was ample testimony at the same
time upon which the trial court might mold
that the plaintiff in error had knowledge
of the fact. There was therefore no errOf
In the ruling that was made"
Opinions in other Cases.
The Court Of Appeals. in an opinion writ.
ten by Mr. Justice Shepard has affirmed the
judgment Of the lower court in the case Of
Jacob P. Clark, appellant, against Josepb
Barber, trustee. The appeal was from an
order overruling a certain objection entered
by the appellant in an action upon a 1ude-
ment.
In an opinion written by Mr. Justice Nor
ris, the Court of Appeals has affirmed the
order appealed from in the case Of George
B. Starkweather, appellant, against the
West End National Bank of Washington
D. C. The appeal was from an order over
ruling a demurrer to writ Of scire facias
issued to revive Judgment obtained by the
West End National Bank against Mr..
Starkweather upon some promissory notes
which judgment was permitted to lie dor
nant for nearly three years.
in the case Of Louis Rousseau, appellant
against Thomas r. Brown, administrator
a patent appeal, the Court Of Appeals has
declined to allow 4 writ Of error or an an
peal to the Supreme Court Of the United
States. -