A DEVASTATING CHICKEN.

Clutha Leader, Volume XXXVI, Issue 40, 2 November 1909, Page 1

A DEVASTATING CHICKEN.

SEQUEL TO AN ACCIDENT.

There was recently an amusing motor case in America, in which a variety of domestic aiiimals figure. As reported in the 'Green Bag,' an American legal contemporary, it appears that as a •motor-ear was passing quietly through a village in New England a chicken, pursued by a cat, suddenly crossed the road just in front of the automobile. The sudden dash of the chicken and cat startled a pony, driven by two little girls, one of whom had a poodlo in her lap. The poodle jumped out to giye chase to the cat and fell in tho road right in front of the car, causing its driver to pull up suddenly. Just as this happened a collie travelling with its mistress in the car, leapt out and chased the poodle, which frightened the pony, so that it bolted towards the car. Seeing this the chauffeur drove towards the gutter; but, as tho dogs were fighting there, had to take another course, colliding finally with a stone wall and totally wrecking the machine. The owner of the car brought an action for damages against the owner of the chicken, claiming that it was responsible for tne damago.

In giving judgment, -the Court argued that there was no doubt as to the chicken having been the proximate cause of the accident, for had it not crossed the road the cat would not have scared the pony; had Jihe pony not been scared the |>oodlo would not have got out of the pony trap; had tho poodle not done so the automobile would not have stopped, and tlnnooHio and the poodlo woula -not have been in the gutter ; had the collie and poodle not been in the gutter the cat would not have hung round to see things through; had the cat not remained on the scene the chicken would not have been trying to scale the wall; and had the chicken not been trying to do this the chauffeur would have kept his nerve and saved tho machine from accident. Yet, though the chicken Caused the accident, the chicken's act was not in itself violent or dangerous. This chicken would doubtless have made & tender broiler; it was gentle and inoffensive, and, not being "ferae naturae," its destruction of the automobile was unconscious and free from malice. Therefore, the chicken not having exceeded its common law rights, the action could not be maintained, and judgment was accordingly entered for the defendant.