Legal Term: DOG

Definition: A well known domestic animal. In almost all languages this word is, a term or name of contumely or reproach. See 3 Bulst. 226, 2 Mod. 260, 1 Leo. 148, and the title action on the case for defamation in the Digests, Minsheus Dictionary. 2. A dog is said at common law to have no intrinsic value, and he cannot therefore be the subject of larceny. 4 Bl. Com. 236, 8 Serg. & Rawle, 571. But the owner has such property in him, that he may maintain trespass for an injury to his dog, "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 H. VIII. 3, 18 H. VIII. 2, 7 Co. 18 a, Com. Dig. Biens, F, 2 Bl. Com. 397, Bac. Ab. Trover, D, F. N. B. 86, Bro. Trespass, pl. 407 Hob. 283, Cro. Eliz. 125, Cro. Jac. 463 2 Bl. Rep. 3. Dogs, if dangerous animals, may lawfully be killed, when their ferocity is known to their owner, or in self-defence 13 John. R. 312, 10 John. R. 365, and when bitten by a rabid animal, a dog may be lawfully killed by any one. 13 John. R. 312. 4. When a dog, in consequence of his vicious habits, becomes a common nuisance, the owner may be indicted. And when he commits an injury, if the owner had a knowledge of his mischievous propensity, he is liable to an action on the case. Bull. N. P. 77, 2 Str. 1264, Lord Raym. 110. 1 B. & A. 620, 4 Camp. R. 198, 2 Esp. R. 482, 4 Cowen, 351, 6 S. & R. 36, Addis. R. 215, 1 Scam. 492 23 Wend 354, 17 Wend. 496, 4 Dev. & Batt. 146. 5. 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 C. & P. 297, 6 C. & P. 1. But if a dog be chained, and a visitor so incautiously go near him that he is bitten, he has no right of action against the owner. 3 Chit. Bl. 154, n. 7. Vide Animal, Knowledge, Scienter.

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