The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1906-06-15
JUDGE WILKES
Delivers Important Opinion as to Rel
alive Rights of 'Possum DOGS
and Railroad Companies.


day one of the cases decided was o.
much interest to hunters and other
persons who are in the habit OF
walking on railroad tracks, says the
Jackson Sun. The case came up from
Henderson county and the plaintiff
! had been awarded damages in the
court below Judge Wilkes, who de
livered the opinion in the Supreme
Court, reversed this verdict. His
opinion which is given in full here
with will be read with much interest
]. f. Riley VS. n, C. & st. L. Ry.-
Law Docket, Henderson County.
On the night of November LIST, 1905
the plaintiff and two companions
started 'possum hunting. They had
with them two dogs, one a long-eared
full-blooded hound. and the other a
combination bird dog and shepard.
Their route TO the forest lay over the
tracks OF the defendant railroad.
The dogs were in advance and fol
lowing the track closely. About GAO
the west bound passenger train came
along on the same track, and upon it's
usual schedule time.
When the tain reached the hunters
they did not question its right to pro-
coed on it's own track, but quietly and
promptly gave way for it's passage.
The dogs had passed on ahead on the
track, and were out of sight in the
darkness of the woods and the night
Exactly where they were and what
they did when the train caught up
with them will never be known.
There was a stream between Lex
ington and the tank, and it was span
ned by trestle about 100 feet long,
and from to 10 feet high, on which
it was necessary to pass to reach the
forest.
After the train passed the hunters
went on to this trestle, but hearing
nothing from the dogs, they commenc-
ed to search, and found one of them in
the water on the SIDE of the trestle,
badly injured, but not dead The
other was not found until the next
morning. One was near one end of
the trestle, and the other near the
other end of it, One Immediately I'M
der the trestle, and the other about
10 feet to one side. The shepherd dog
had the appearance of being split open
the Hound was not cut or split up,
but en- found ret day was very
much swollen.
There is no direct oY,dence that the
dogs were struck by ~ train. It i
evident that neither was run over
There was no sign of blood or hair |
upon the rails or track, and no indi- !
cation upon the track that the dogs !
had been run over
The engineer and fireman are very
positive that no dogs were on the
rack that night. They both say that
hey were on the lookout; and if any
log had appeared on the track they
.ould and would have seen him-that
he head light was burning and bright
nd made the track light and visible
The theory of plaintiff is that there ,
S no other way in which the death
f the dogs can be accounted for;
hat the dogs appeared on the tracks
4 front of the engine, and could have
cen seen by proper diligence, and ,
hat they were negligently run over
nd killed.
1t would be as reasonable to pre- j.,
ume that the wild animals attacked :
ne dogs as they were entering the .
)rest, and tore one to pieces, and the
Their fed across the trestle and died
ON fright, exhaustion, or heart fail =
re, or more probably dropsy, as he i,
ad dropped under the trestle and
as much swollen and full of water,
Ire indication of dropsy. :
There is a good reason why liant
should not recover in this case.
The railroad company has right of =
ay, and on it track, and over this r
ack it has the right to run it's trains.
hese are rights which dogs and their
asters are legally bound to respect,
take the consequences and risks.
Hunters have no right to use the
acks of railroads as hunting grounds Ii
to pass over them to the forest o.
it'll their dogs running loose, and at p
time when they know that trains a
e coming. b
There is abundant space in the h
pods for 'possums to hide, and they ST
not have their dens on railroad tt
acks. m
Here the plaintiff was making a tt
nvenience of the track to reach the 81
pods. There was no other way he II
uld cross the stream, either himself c.
his dogs. without swimming. If j.;