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Motor Cars And Dogs

Unquestionably the greatest enemy that the dog possesses at the
present time is the motor car.

Presuming the owner of the dog is fortunate enough to know whose car
it was that ran over his dog, and to have some evidence of excessive
or unreasonable speed or other negligence on the part of the car
driver at the time of the accident, he will find the law ever ready to
assist him. A dog has every bit as much right to the high road as a
motor car. Efforts have been made on the part of motor owners to get
the Courts to hold that dogs on a high road are only under proper
control if on a lead, and that if they are not on a lead the owner
of them is guilty of negligence in allowing his dog to stroll about,
and therefore is not entitled to recover: such efforts have not been
successful. Even supposing a Court to hold that the fact of a dog
being loose in this way or unaccompanied was evidence of negligence
against his owner this would by no means defeat his owner's claim, for
the law is, that though a plaintiff may have been negligent in some
such way as this, yet if the defendant could, by the exercise of
reasonable care, have avoided the accident, the plaintiff can still
recover. There are several cases that decide this valuable principle.





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