196 BOARD OF AGRICULTURE. [Pub. Doc. 



Upon that issue the jury found for the defendant, and the 

 supreme court said the ruling of the lower court was correct. 

 The owner of a dog killed or injured by another dog which 

 has the vicious habit of attacking other dogs may recover 

 damages, 



A ferocious watch dog must be kept in such a way as not 

 to be liable to endanger persons rightfully on the premises 

 of his owner. If your neighbor's dog habitually haunts 

 your premises and barks and howls by day and night, 

 you may kill the dog if you cannot otherwise stop the 

 annoyance. It was so decided in a New York case a good 

 many years ago, and it is a comforting reflection to think 

 that probably our sensible Massachusetts court would hold 

 the same doctrine. 



Question. What rights have people by the roadside in 

 regard to rubbish and stone left beside the road ? 



Mr. Dickinson. I do not know that there is any law to 

 compel the town to clear it away. The town might be liable 

 for damages if a person should be injured by their presence. 



Question. Has the town a right to leave stones on a 

 lawn on private property? 



Mr. Dickinson. Certainly not. 



Question. There seems to be a law to prevent the abutter 

 from removing trees by the roadside. 



Mr. Dickinson. I suppose the gentleman refers to the 

 condition before the recent statute was passed. Then it was 

 a very serious question what the abutter's rights were, and I 

 think the recent statute was partly to clear up the doubt that 

 mio-ht exist in reo;ard to the matter. The tree warden is 

 the custodian of the trees. If an abutter wishes to remove a 

 tree he must apply to the tree warden, and the warden must 

 give a public hearing on the question, so that everybody 

 interested in the tree may be heard. The tree warden's 

 decision is final. 



Mr. Sessions. Would an abutter have the right to cut 

 ofi* limbs hangino; over his land? 



Mr. Dickinson. I do not think so. The spirit of the 

 law is to preserve the shade trees in their beauty. An appli- 

 cation to the tree warden would be the proper method. 



