Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-07-22
THE LAW AND THE DOG
Principles that Have Been Established
As to Canine Standing.


Principles that Have Been Established
| Az to Canine Standing.
| Every owner Of dog should know
his own responsibilities, and the
standing of the animal before the
law.
BY the old common law, all AMI
mails are divided into two classes,
wild and. domestic. Wild animals
are those that have not been tanned
or reduced to subjection by man. They
Iare not recognized as being the sub
lject Of property rights; the owner
ship Of them, when they are alive,
belongs generally to the state. and not
to private individuals. Thus, moose
roaming at will in the woods of
Maine Is a wild animal, and belongs
to no one person; that same moose,
captured and tied to tree, or tanned
and harnessed, belongs to his captor;
or again, that same moose killed by
a hunter belongs to him II he is not
himself q trespasser upon another's
land.
On the other hand, domesticaIed
ANIMALS are as mucn the subject Of
ownership by sale and delivery as any
otner property.
Midway between these two classes
STANDS the DOG, neither a wild nor a
domestic animal In the eye OF the old
common law. His exact STATUS in the
animal kingdom has been the subject
or learned dissertations by Jurists and
legislators. 1t has been gravely argu-
ed that because he Is generally kept
10 protect, he must retain in some de-
gree the natural ferocity that char
acterized him when wild. II he Is
lhus kept trained, and used, the
grave argument runs, he Is likely to
become a private nuisance; ferocious
and accusomed to bite persons, he is,
therefore, dangerous to the communi-
~, and a pubic nuisance.
Another profound reason brought
forward in support Of this position Is
the fact that his flesh is not edible;
he is not bred to furnish food-supply.
Moreover, the dreaded hydrophobia Is
laid to his account, and balance
struck against his admittance within
the charmed circle of domestic anil
mails.
The practical teachings Of usage
and experience, however, have super
seded the dicta Of the old common
law. Today, in spite Of these prin-
ciples Of the common law. the dog
does occupy an honored place in the
life of man, If not on the statute
books. AS stated in 1884 by Chief
Justice Appleton Of the supreme court
of Maine, the modern principle is as
Follows:
"a dog is the subject of owner
ship. Trespass will lie for an injury
to him. Trover Is maintainable for
his conversion. Replevin will restore
him to the possession Of his master.
He may be bought and sold. An ac-
ton may be had for his price. The
owner has all the remedies for the
vindication Of his rights Of property
In this animal that he has in any 9TH
er species of personal property"
In this quotation are answered the
principal questions that might be
asked about the attitude Of the law
toward the dog. He is on exactly
the same basis as is the horse or the
cow; he is simply q chattel, one of
the many forms Of personal property,
and subject to the code Of laws that
govern chattel property.
The possible danger from the bite
of a dog is not so peculiar a menace
that a special code of liability attach
es to it. The kick or bite Of horse,
the attack of an OK, the scratch Of a
cat, or, in fact, any injury inflicted by
any domestic animal is in the same
category, and is governed by the same
rules. AS, however. the dog, more
than any other domestic animal, Is
restrained in his habits and closely
attached to man, these rules are more
likely to be applied in his case than
in the case Of other animals.
For the same reason, the dog own
er in most states Is subjected to
special license. 1t applies to all dogs
without regard to value, and Is impos-
ed, not for purposes Of revenue, but
upon the theory that II any man
thinks enough of his dog to pay a
tax or license for him, he will care
for him and properly feed and water
him, so that the animal will not be-
come vicious and a menace to the
community. The theory Of the law
is often frankly, although brutally
stated in the reverse-that all home
less, ill-fed, and, therefore, dangerous
dogs should for public safety be kill
ed. Actual ownership and care are
the universal rule. In most states
dogs found without license tag, OF
a collar with the owners name-as
evidence of ownership and care-car
legally be killed at sight Such stat
utes, however, do not authorize per-
son to convert such dog to his own
use.
) Although, as was remarked by an
Idaho Judge, "the dog is generally
recognized as an essential part Of ev-
cry well-regulated family, Of higher
degree of intelligence than other do
mestic animal, and, therefore, given
privileges not accorded other ami
mails" those privileges do not protect
it in wrors doing, induced either by
its own or it's masters viciousness OF
negligence. The trespassing dog Is
like any other trespasser, RESPONSE
BILE for its trespass and of its actions
and the person upon whose land, OF
against whose person or property the
trespass Is directed, may resort to any
means necessary to protect himself
to his property.
AS in the case Of other trespasses
the owner Of the land may use such
violence as is necessary to protect OF