146 INJURING AND KILLING ANIMALS. 



But, as was said in another case, "it would be monstrous 

 to require exemption from all fault as a condition of existence. 

 That the plaintifif's dog on one occasion stole an egg, and af- 

 terwards snapped at the heel of the man who had pursued him 

 flagrante delicto — that on another occasion he barked at the 

 doctor's horse and that he was shrewdly suspected in early life 

 to have worried a sheep, — make up a catalogue of ofifenses 

 not very numerous nor of a very heinous character. If such 

 deflections as these from strict propriety be sufficient to give 

 a dog a bad name and kill him, the entire race of these faithful 

 and useful animals might be rightfully extirpated.^** 



In an action for killing a dog where the plaintiff knows its 

 good character, the defendant is entitled to show its bad char- 

 acter and addiction to worrying sheep.^*^ A witness cannot 

 be asked whether from his knowledge of the dog he did or did 

 not consider it a nuisance.^*' 



A statute providing for the payment of bounties, to be 

 raised by taxation, to individuals killing wolves and other 

 wild animals, passed for the protection of stock-raisers, was 

 held to be constitutional in Texas.^*^ A similar statute ex- 

 ists in lowa.^*® 



With regard to escaped animals, it is said in an article in 

 the Justice of the Peace: "An interesting point might be 

 raised but so far as we know has never occurred as to the 

 rights of a person meeting an escaped animal of a dangerous 

 nature. Would he be justified in destroying it there and then, 

 or would he be liable to pay damages to the owner to whom 

 it was valuable, unless the act was in absolute self-defence? 



"* Dodson V. Mock, 4 Dev. & B. L. (N. C.) 146, 148. And see Jacquay 

 V. Hartzell, i Ind. App. 500. 



"° Dunlap V. Snyder, 17 Barb. (N. Y.) 561 ; Lentz v. Stroh, 6 S. & R. 

 (Pa.) 34- 



"° Parker v. Mise, 27 Ala. 480. 



'"Dimmit Co. v. Frazier (Tex. Civ. App.), 27 S. W. Rep. 829; Weaver 

 V. Scurry Co. (Tex. Civ. App.), 28 id. 836. 



"' Bourrett v. Palo Alto County, 104 la. 350. 



