You Be The Judge
Published: January/February 2005

While Morgan was riding to hounds, his pack damaged farmer Zeke's standing crops and stampeded Zeke's cattle. Failing to get any compensation from Morgan, Zeke sued.

"The law recognizes that dogs are naturally inclined to roam," Morgan argued, "and it therefore gives them liberty to do so. Why should I keep my dogs home when all others run free? If Zeke's cattle and crops are allergic to dogs, he should put up a fence."

"Your dogs might not have done so much harm," Zeke replied, " "if they had just been prowling doglike. But you encouraged them with all that whooping and excitement, and you should pay for your fun."

If you were the judge, would you make Morgan pay?

Morgan had to pay. The court said that the "free-to-roam" privilege doesn't apply where dogs are released on another's land without permission in a possibly destructive venture such as the pursuit of game.

Based upon a 1954 North Carolina case.

-- José Schorr



Article reprinted from the January/February 2005 issue of The Saturday Evening Post magazine. Read more at www.satevepost.org, © Copyright 2005 Benjamin Franklin Literary & Medical Society, All rights reserved