last Saturday I caused the dog to back up agin a
log, and then I suddenly dropped the axe on his tail pretty close up,
and the next minute he was running around that yard howling like a
boat-load of wild-cats. Just then Potts came up, and he let on to be
mad because I'd cut off that tail. One word brought on another; and
pretty soon Potts set that dog on me--my own half too, mind you--and
the dog bit me in the leg. See that! look at that leg! About half a
pound gone; et up by that dog.
"Now, what I want to see you about is this: Can't I recover damages
for assault and battery from Potts? What I chopped off belonged to me,
recollect. I owned an undivided half of that setter pup, from the tip
of his tail clear up to his third rib, and I had a right to cut away
as much of it as I'd a mind to; while Potts, being sole owner of the
dog's head, is responsible when he bites anybody, or when he barks at
nights."
"I don't know," replied the colonel, musingly. "There haven't been any
decisions on cases exactly like this. But what does Mr. Potts say upon
the subject?"
"Why, Potts' view is that I divided the dog the wrong way. When he
wants to map out his half he draws a line from the middle of the nose
right along the spine and clear to the end of the tail. That gives me
one hind leg and one fore leg and makes him joint proprietor in the
tail. And he says that if I wanted to cut off my half of the tail I
might have done it, and he wouldn't've cared, but what made him mad
was that I wasted his property without consulting him. But that theory
seems to me a little strained; and if it's legal, why, I'm going to
close out my half of the dog at a sacrifice sooner than hold any
interest in him on those principles. Now, what do you think about it?"
"Well," said the colonel, "I can hardly decide so important a question
off-hand; but at the first glance my opinion is that you own the whole
dog, and that Potts also owns the whole dog. So when he bites you, a
suit won't lie against Potts, and the only thing you can do to obtain
justice is to make the dog bite Potts also. As for the tail, when it
is separated from the dog it is no longer the dog's tail, and it is
not worth fighting about."
"Can't sue Potts, you say?"
"I think not."
"Can't get damages for the piece that's been bit out of me?"
"I hardly think you can."
"Well, well, and yet they talk about American civilization, and
temples of justice, and such things! All ri
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