Catching Dogs in Traps-Settlement
Catching in traps-Settlement-A short time ago a neighbor’s dog got caught in one of my traps-a No. 2-set for wolf in the sand bank of a badger den, which was in some brush nearly half a mile from his house and no closer than 200 feet to the road. As a result of the freezing which the dog’s foot got, the toes have come off. Can my neighbor claim damages? State the laws regarding trap setting in a settlement. How close to a road can a fellow legally set?
In general practice, it is best to keep traps where stock and tame animals cannot get into them. In a case of this kind, when accidents happen, the best way is to go straight to the owner, and talk it over with him. Come to some settlement with him, without going to law about it. As a matter of law, you might win, he might win; it would depend on the question of whether you exercised due care in providing against such an accident/ personally, I should not set a trap of that type so close to a road, law or no law. You can’t make men tie up their dogs any more than they can stop your setting traps; only he has rights, and you have rights, and you should be scrupulous in playing fair with everyone. Let live, and keep at peace with your neighbor’s; you are both in hard luck, and you would better settle together than to go into court in such a case. Go to your neighbor’s dog was hurt and you did it. You didn’t mean to-it wasn’t a crime. I think as a matter of law he would get damages.
Harding, A.R.. 3001 Questions and Answers. Columbus, Oh: A.R. Harding, 1913.
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