132 INJURING AND KILLING ANIMALS. 



is not "suddenly assaulted" within the meaning of the 

 statute.*^^ 



Where a hawker knocked out a dog's eye, it was held to be 

 for the jury to say Avhether it was in his own preservation or 

 wilful."'' 



The killing of trespassing", unlicensed, dangerous and mad 

 dogs will be considered later."^ 



44. Other Attacking Animals — The subject of the killing of 

 animals attacking otliers was thus spoken of in an Illinois 

 case: "If a man should find his neighbor's cat in his poultry 

 yard killing his chickens, it miglit be reasonable that he should 

 for the preservation of his fowls, if the necessity was apparent, 

 shoot the cat, while if a valuable horse of the same neighbor 

 was found in the yard, crushing the life out of the chickens, 

 it might not be reasonable to shoot the horse, even if he could 

 not protect his fowls otherwise. But if the same horse should 

 be found in a yard where there were other horses and, while 

 wrongfully there, should attack another equally valuable, and 

 it was apparent that the horse attacked would be killed, would 

 it be unreasonable for the owner of the latter horse to protect 

 his own property upon his own premises, even if the life of his 

 neighbor's horse should be sacrificed to preserve that of his 

 own? The law regards the right of the slayer to his horse, 

 in the case supposed, as sacred as the right of his neighbor to 

 his property, and his horse being where he had a lawful right 

 to be, his owner must have the power to protect him, so long 

 at least as the consequences of the necessary acts of defence 

 are more disastrous to his neighbor than the consequences 

 of not acting would be to himself. It appears to me that in 

 cases of the character of the one at bar [where a dog killed 

 chickens], the jury must in a great measure be left to judge 

 from all the facts and circumstances in the case, not only of 



™ Spaight V. McGovern, i6 R. I. 658. 

 "' Hanway v. Boiiltbee, 4 C. & P. ^50. 

 " See §§ 45, 46, infra. 



