Page:The Green Bag (1889–1914), Volume 15.pdf/452

 Is a Horse Licensed to Kick f

IS A HORSE LICENSED TO KICK? Flett vs. Coulter, H. C. of J., Ontario. BY J. B. MACKENZIE. Baiting of men, 'tis held —incense Much as it will, prompt e'en to blows— For an assault is no defence; Simply in mitigation goes.

May the deserving, patient horse, As unconcecled Season's gift, Against a plagner, then, with force, The limber hoof of dudgeon lift,

Vet the appraiser, Law, absolve Its owner from attaching wrong; Who feels no care on him devolve, To him no duty to belong,

Governed by which he should have saved The vexer's bones from detriment; So circumspectly have behaved As to ward off the accident?

(It lawfully upon the spot, Which here 'twould seem was not the case, Fault could not home to him be brought, Action would he not have to face;

Unless before it did not lose (The dog, we know, may have one bite,1) A chance its faculty to use, And wreaked by landward lunge, its spite.)

How find the clue if one so hurt, Who, on such owner makes a claim— His rights would openly assert; And fix him with vicarious blame, 1 Jones v. Owen, 24 L. T. R. 587.

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