DOG. A well-known domestic animal.
In almost all languages this word is a term or name of contumely or reproach. See 3 Bulstr. 226; 2 Mod. 260; 1 Leon. 148 ; and the title Action on the Case for Defamation in the Digests ; Minsheu, Diet.
2. A dog is said at common law to have no intrinsic value, and he cannot, therefore, be the subject of larceny, 4 Blackstone, Comm. 236 ; 8 Serg. & R. Penn. 571 ; Bell, Cr. Cas. 36; but it is otherwise in England, by statute. But the owner has such property in him that he may maintain trespass for an injury to his dog, or trover for a conversion, 1 Mete. Mass. 555 ; "for a man may have property in some things which are of so base nature that no felony can be committed of them : as, of a bloodhound or mastiff." 12 Hen. VIII. 3; 18 id. 2; 7 Coke, 18 a; Comyns, Dig. Biens, F; 2 Blackstone, Comm. 397 ; Bacon, Abr. Tro yer, D ; Fitzherbert, Nat. Brev. 86 ; Brooke, Abr. Trespass, pl. 407 ; Hob. 283 ; Croke Eliz. 125 ; Croke Jac. 463 ; 2 W. Blackst. 1117.
3. Dogs, if dangerous animals, may law fully be killed when their ferocity is known to their owner, or in self-defence, 10 Johns.
N. Y. 365 ; 13 id. 312 ; and when bitten by a rabid animal a dog may be lawfully killed by any one. 13 Johns. N. Y. 312.
When a dog, in consequence of his vicious habits, becomes a common nuisance, the owner may be indicted. And when he com mits an injury, if the owner had a knowledge of his mischievous propensity he is liable to an action on the case. Buller, Nisi P. 77; 2 Strange, 1264 ; 1 Ld. Raym. 110 ; 1 Barnew.
Ald. 620 ; 4 Campb. 198 ; 2 Esp. 482 ; 4 Cow. N. Y. 351 ; 6 Serg. & R. Penn. 36 ; Add. Penn. 215 ; 1 Ill. 492 ; 17 Wend. N. Y. 496; 23 id. 354 ; 4 Dev. & B. No. C. 146; 10 Cush. Mass. 509.
4. A man has a right to keep a dog to guard his premises, but not to put him at the entrance of his house ; because a person coming there on lawful business may be injured by him ; and this, though there may be another entrance to the house. 4 Carr. & P. 297 ; 6 id. 1. But if a dog is chained, and a visitor so incautiously go near him that he is bitten, he has no right of action against the owner. 3 Sharswood, Blackst. Comm. 154.