12 



LAWS ABOUT DOGS 



large after having been proved as sheep- 

 killers, can be killed by any one without 

 liability (a reckless law, in our opinion). 



Some states make it a misdemeanor to 

 keep a dog known to have killed sheep or 

 other live stock. 



Animals that run from a dog without 

 likelihood of injuries, do not come under 

 the general provisions that the dog can 

 be killed without liability (14 Iowa 475). 



Altho in a few states it has been held 

 that the mere fact that the dog has been 

 chasing fowl or other animals, perhaps in 

 play, does not give the right to kill, 

 nevertheless it may be accepted as general 

 law that the dog may be killed at the 

 time without liability if it is actually 

 biting or contacting or has the stock 

 on the run with the possibility that the 

 dog at any moment will injure the stock 

 (60 Ind. App. 332). 



Again we state that the mere fact that 

 the dog merely is trespassing on another's 

 property, does not at any time give the 

 right to kill the dog (Kentucky an ex- 

 ception). 



6. Liability of Dog Owner for Accidents 

 or Death Caused by His Dog 



The general law of liability, namely 

 that the owner is responsible for any 

 injury or damages or acts which arise out 

 of property or anything else under his 

 control, applies in the ownership of dogs. 



If for instance, a dog playing on the 

 street runs into a person, throws the per- 

 son over and the person thereby suffers 

 a broken arm, the owner of the dog is 

 liable. 



However, a domestic injured by falling 

 over her employer's dog in the home, 

 can not recover damages. Likely it would 

 be held that a dog roaming the highway 

 without its owner, which would cause the 



death of a motorist or injury to him or 

 his car, would bring liability to the owner 

 of the dog. It would need to be shown, 

 however, that the autoist used every pre- 

 caution to avoid the accident. 



7. Liability for Damages from Rabies 



We come now to an unusual instance, 

 namely whether or not the owner of a 

 dog would be held for the death of a 

 person bitten by a rabid dog owned by 

 the first person. Logically the liability 

 would attach to the dog owner. However, 

 practically all rabies exist among roaming 

 stray dogs. 



If the rabid dog bites live stock which 

 in turn contracts rabies, the owner of the 

 dog is liable for the damages only if he 

 had or should have had previous knowledge 

 of the rabid condition. 

 8. Liability of Persons Harboring Dogs 



We already have discussed the status 

 of the persons who harbor dogs and who 

 permit the dogs over a long period of 

 time to remain on the premises. The lia- 

 bility attaches to such persons even tho 

 they are not the owners of the dogs. Such 

 persons if they do not care to incur this 

 liability, should take every measure to re- 

 move the dogs from their premises and 

 to keep the dogs away. The correct legal 

 action is to deliver the dog to the police. 

 9. Liability Insurance 



Practically all liability insurance com- 

 panies write policies of protection for dog 

 owners against any liability which might 

 be incurred on account of the acts of 

 dogs. 



Also, when a dog is injured by an auto- 

 mobile, usually the insurance company 

 which has covered the auto owner with 

 a liability policy, will pay damages to the 

 dog owner. 



H — Laws against Cruelty 



1. Various Forms of Cruelty 



Most but not all states have humane 

 laws or laws against cruelty. 



The Illinois state humane law is found 

 in chapter 38, paragraph 144 of the Crim- 

 inal Code under the heading Cruelty to 

 Animals. The fine varies from $3 to $200 ; 

 the law prohibits various forms of cruelty 

 — cruelly beating, torturing, mutilating. 



cruelly killing a dog or other animals, 

 failure to provide proper food, drink and 

 shelter, abandoning an old, maimed, in- 

 firm, sick or disabled animal and taking 

 part directly or indirectly in dog fighting. 



In Chicago under City Code No. 2622, 

 the ordinance repeats much of the ^tate 

 law. 



See Sec. I, 1, immediately following for 

 cropping of ears. 



/ — Laws Particularly affecting Breeders, Kennelmen, 

 Exhibitors, Dealers and Veterinarians 



1. Cropping of Ears 



The American Kennel Club has not 

 taken any definite stand for or against 

 cropping. It simply states that exhibitors 

 must obey the laws of those states in 

 which dog shows are being held. 



Practically every state has a law against 

 cruelty to animals. Very few prosecutions 

 have been made successfully against ear 

 cropping on this basis. 



Seven states have passed laws directly 



affecting cropping. One of these is 

 Michigan, which prohibits cropping unless 

 done under an anesthetic by a licensed 

 veterinarian. See Cruelty, this page. 



The other six states are New York, New- 

 Jersey, Connecticut, Massachuetts, New 

 Hampshire and Pennsylvania. 



If the cropping has been done in another 

 state and the dog is owned by a person 

 not a resident of the state in which the 

 show is being held, dogs whose ears have 



