night in the liberry of my old friend Judge Fowler in Greenville,
I looked up some things about this dog question. I find that there have
been some queer decisions handed down by the courts, showin' that the
law does recognize the fact that a dog is different from other
four-footed critters. For instance, it has been held that a dog has a
right to protect not only his life but his dignity; that where a man
worries a dog beyond what would be reasonable to expect any
self-respectin' critter to stand, that dog has a right to bite that man,
an' that man can't collect any damages--provided the bitin' is done at
the time of the worryin' an' in sudden heat an' passion. That has been
held in the courts, gentlemen. The law that holds for man holds for
dogs.
"Another thing: If the engineer of a railroad train sees a cow or a
horse or a sheep on the track, or a hog, he must stop the train or the
road is liable for any damage done 'em. But if he sees a man walkin'
along the track, he has a right to presume that the man, bein' a critter
of more or less intelligence, will git off, an' he is not called on to
stop under ordinary circumstances. The same thing holds true of a dog.
The engineer has a right to presume that the dog, bein' a critter of
intelligence, will get off the track. Here again the law is the same for
dog an' man.
"_But_--if the engineer has reason to believe that the man's mind is
took up with some object of an engrossin' nater, he is supposed to stop
the train till the man comes to himself an' looks around. The same thing
holds true of a dog. If the engineer has reason to suspect that the
dog's mind is occupied with some engrossin' topic, he must stop the
train. That case has been tested in this very state, where a dog was on
the track settin' a covey of birds in the adjoinin' field. The railroad
was held responsible for the death of that dog, because the engineer
ought to have known by the action of the dog that his mind was on
somethin' else beside railroad trains an' locomotives."
Again the magistrate spat into the cuspidor between his feet. Davy,
still watching him, felt his mother's grip on his arm. Everyone was
listening so closely that the whispered sneering comment of Old Man
Thornycroft to the man next to him was audible, "What's all this got to
do with the case?"
"The p'int I'm gettin' to is this," went on Mr. Kirby, not paying
attention to him: "a dog is not like a cow or a horse or any four-foote
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