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-footed
critter. He's a individual, an' so the courts have held in spirit if not
in actual words. Now this court of mine here in Tom Belcher's sto, ain't
like other courts. I have to do the decidin' myself; I have to interpret
the true spirit of the law, without technicalities an' quibbles such as
becloud it in other an' higher courts.
Pages:
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281