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Show Page 2 Sugar House. Utah Thursday. November 21. 1957 INDEPENDENT I by Richard J. Maughan, B.S., L.L.B. Do You Own a Dog? , Many do own dogs, and all of us are familiar with the senti-- j ments which have been written concerning dogs. Dogs as friends,' play mates, andj r ' , 4' 4 . Ml . companions, and J unlike some oth- - er areas of com-- 1 ment, e. g., the! politician, these; comments about! dogs are monu- - ments to canine virtues. This at-- j titude on dogs is! justifiable and is' of long standing.! it jumps up to lick her hand, but 'instead of merely licking her hand Angel, for some unknown reason, clamps Jane's fingers between its jaws with all the force a man's best friend can muster, and leaves Jane with a first class injury. After Jane has been to the doc-tor and had proper treatment for this injury, she decides that some-- ! one should pay. She seeks counsel,! and her attorney brings a proper action. What Happens? At the trial, John Doe, the own-er, says that Angel never before had done anything even remotely resembling an unkind act, that he was not a vicious dog, and John brought witnesses to prove same. The judge, after having heardj Jane's lawyer prove that John Doe was the owner of Angel, that it was Angel that bit Jane's fin-gers to the bone, and that Jane's damages amounted to a certain sum, gave Jane judgment against John for the proved damages. This he did under the mandate of the statute above quoted. The Same Case Under the Common Law Statutes such as the one men-tioned have not rendered false all, the eloquent expressions about the j noble qualities of our canine friends. They have only recogniz-- J ed a social problem. One brought! on by the increase in the popula-tion and the consequential close-ness of our living conditions, to-gether with the decline of the dog as a useful and utilitarian animal. j Every dog has its day, and it used! to be said, "Every dog is entitled to one bite," but this, as we have seen, is no longer true. Next week, let's talk about Thanksgiving and the law the Pil-grims talked about. See you then. R. J. Maughan St- - Bernard (cir-ca 1150 A. D.) wrote in his Sermo Primus: "Who loves me, let him 1150 A.D.) wrote in his Sermo! Primus, "Who loves me let him also love my dog." Sir Walter Scott in his The Talisman (1825: said, "Recollect that the Almighty who gave the dog to be companion of pur pleasures and our toils, hath invested him with a nature noble and incapable of deceit." Again, William Croswell Doane, (1832-1913- ) gave us another tender expression concerning the dog. I am quite sure he thinks that I am God Since he is God on whom each one depends. For life and all things that His- - bounty sends My dear old dog, most con-stant of all friends. In the fact of all these noble words about "man's best friend," how do we account for definite place which dogs in general occupy! in the law of strict liability? ! Absolute Liability of Dog Owners, Under Utah Statute As early as 1898 the legislature of the State of Utah saw fit to enact a law whereunder the priv-ilege of owning a dog ' would be saddled with legal burdens addi-tional to shose which were im-posed by the common law. In its present form our "dog statute," as it is sometimes called, makes an owner of a dog liable for such damage as that dog does irres-pective of whether the owner knows, or has reason to know that his dog is of a vicious nature, or is even likely to cause amage to another. Why this was a change from the common law will be ex-plained in a moment. Right now let us look at the statute. It says: "Every person owning or keep-ing a dog shall be liable in dam-ages for injury committed by such dog; and it shall not be nec-essary in "any action brought therefor to allege or prove that such dog was of a vicious or mis-chievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous." This statute, as we mentioned last week, brings a little closer' to home that part of the web of the law which we call "strict lia-bility" it is also known as "liability without fault," and "ab-solute liability," because it makes every owner or keeper of a dog an actor in the drama, whetherj ; he likes it or would rather be some other place. I The way in which this statute ? draws the dog fancier into the act is by making one liable for dam--i ages done by his dog regardless of whether the dog had a vicious : mature and regardless of whether ; the dog owner knew that his dog had such a nature. What his am-ounts to is briefly this:: John Doe owns a dog (it can be any kind of a dog and have any kind of na-ture), and for the moment let us assume the deg is the most gentle of canines, and that John Doe hasj never known, or had reason to! know, the dog to do anything but wag its tail and play gently with the children. One day John's dog. whose name is "Angel" (to fit nhis disposition) sees Jane Roe co-ming down the street on her way to the grocery store. Angel starts; out to meet Jane, waggins its tail: and romping playfilly by her side. As it has done many times before,! SOUTH EAST INDEPENDENT 1123 East 21st South Dial IN 32 Or HU 61 The South East Independent is entered as Second Class Matter, March 1, 1946, in Salt Lake City Post Office under the act of March 3, 1379. It is published each Thurs-day morning. South East Independent is pub-lished by the News Bulletin, Inc., and Sugar House Press, Inc., at 1123 E. Twenty-Firs- t South St. Sugar House, Utah. Subscription rates are 3.00 per year by mail. Single copy price is ten cents. Publisher Clair King Editor Emma D. King Did you ever notice how some folks are always so polite . . . they tip their hats to the ladies and the ladies smile in return.. Most of the time, men let ladies go first through doorways, open car doors and in general play the part of a gentleman. The ladies in turn, act refined, keep their voices down, watch their table manners and, in general, act like ladies . . . BUT! Lei our gentleman or lady climb behind the wheel of an automobile and you have an entirely different situation! No more are they refined, and polite. The minute they get their hands on the steering wheel they are fighting, pushing, shoving, trying to beat! the other drivers to the light, crowding them out, cutting in front of other cars, turning left in front of other cars at an intersection, bottl-ing up traffic and in general, acting like the they Really are. .Why is it that people who are generally well-manner- are so when they climb into an automobile? According to national figures, many accidents could be prevented if more people showed more courtesy while driving. Not only do ill manners cause acci-dents, but they cause ill feelings with other drivers and make them want to "get back at someone" by doing the same. Good manners and good driving is like a smile . . it's infectuous ... So SMILE while you DRIVE! LISTENING and LIVING by Tammy Thompson ter's rights." You could easily drive up and down the streets looking for an apartment with the familiar sign, "No Vacancy," sta-jrin- g you in the face at every turn. So then you buy a newspaper and look for the "Apartments for Rent" section two-roo-m cozy apartments are listed for as low-a- s $125 per month rental. Finally, jyou go to a motel and sign up for ; the night. The desk clerk shows !you to your room and reaches out his hand (expecting a tip, of course) and you fumble in your purse for that measly quarter with which you were going to buy 'a hot dog. The next day you look jfor a job only to find practically everyone requires "work referen-ces," and you're alone in the big city. At 5 p.m. you're still trod-din- g the streets looking for em-ployment and you're suddenly sur-rounded for blocks with subway traffic trying to catch the 5:10 Ex-press. Yes. you're surrounded but you're so alone : . ; nobody cares who you are nor from whence you came. The next day you go to the U.S. Employment Service and they read you like a bookweighing your qualifications to see if they have a job description that fits your qualifications ... By this time, you're saying deep down inside: 'I wish I hadn't run away from it all it's just the same ole story. Why didn't I meet people with a friendly smile and find out what their interests were perhaps we'd have something in common." I recall Greta Garbo's famous words: "I vant to be al-one" ... but that was in a MOVIE she uttered those long - to - words. Wake up, gal, get out of the world of "make-- ! believe" . . '. live each day well (LAUGH often LOVE much jand ENJOY YOURSELF! i Tammy Thompson Dear Tammy Thompson: I'm a girl in my late teens with no boys friends and practically no girl friends. I have a terrible inferiority complex due to my se-cluded home life. I've never dated I've never danced but I do go to movies by myself. I'm quite a MOVIE FAN! My acquaintances talk about me all the time the 'people I work with never miss a chance to give me a dig and sometimes even the horselaugh. I just feel like I want to run away from everybody and every-thing and I'd do just that if I had any assurance things would be different elsewhere. My big ambition is to earn enough money to buy a car and drive far, far away perhaps New York City or some big place where no one will recognize me. What is the best way to make this kind of a break? What agency in a large city would help a .distressed, gal get situated:: "DOWN - BUT - NOT - OUT." Dear "Down - but --not out:' Judging from your letter, I pre-sume you are definitely an intro-vert and that may be the rea-son for your having practically no friends. In order to have friends one must be a friend. You admit! having an inferiority complex and accordingly do not meet people half - way. You seemingly hold yourself aloof from people and imagine they are talking about you. Why not meet them half-wa- y and talk with them. Solicit a girl acquaintance to meet you and go to a movie together. You might be greatly surprised what an invi-tio- n on your part would do. Now, may we discuss together what a friendly welcome you'll receive in a big city (shall we say, New York City) where every square inch of space is already occupied by someone with "squat- - Pvt. John J. Lee, whose wife, Annie, lives at 2150 Sunnyside Avenue, recently completed the radio communications course at the Army's Armor Training Cen-ter, Fort Knox, Ky. The 12-we- ek course included the study of types of radio equipment code, sending and receiving, equipment maintenance and prac-tical work under simulated com-bat conditions. NOTICE TO CREDITORS Estate of John F. Scheib, De-ceased. Creditors will present claims with vouchers to the undersigned at the office of W. Douglas Allen, 2121 South State St., Salt Lake City, Utah, on or before the first day of March, A.D. 1957. LEONA S. LAYTON, Executrix of the Last Will and Testament John F. Scheib, Deceased. W. Douglas Allen, Attorney for Executrix. b.D. 1957.) (Date of first pub. October 31, NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue of a chattel mortgage by Credit Finance and Hyrum and Carol Crowley dated the 12th day . of December, 1956, and upon which default has been made and upon which is due $287.08, we will expose for sale at public auction on November 15, 1957, at 10 a.m., o'clock at 063 East 21 South, Salt Lake City, Utah, certain property mentioned in said mortgage as follows, to wit: 1 21-in- ch Console TV The terms of the sale will be made known on the day of the sale. L. F. Williams, Mgr. Repair 01 Heart Valves Possible Now By enabling surgeons to work under direct vision rather than "blind," the heart - lung mach-ine is now making it possible to correct leaky heart valves result-ing from rheumatic fever, a con-dition seldom repaired successful-ly, through earlier techniques. This was reported here today at the American Heart Association's Scientific Sessions by a team of Seattle surgeons headed by Dr. K. Alvin Merendino of the Uni-versity of Washington School of Medicine. Dr. Merendino and his collea-gues told of having carried out direct vision repair of leaky mi-tral valves in five patients serious-ly ill with rheumatic heart dis-ease. The mitral valve, which se-parates the two chambers of the heart's left side, is often scarred jor deformed as an aftermath of rheumatic fever. This may prev-ent it from opening as wide as it should (a condition known as mi-tral stenosis) or from closing pro-perly (mitral insufficiency or mi-tral incompetence), or both con-ditions may exist simultaneously. The too-tig- ht valve impedes the j flow of blood from the upper to the lower chamber, while the in-- J competent valve permits blood to leak back into the upper cham-- i ber at each heart beat. Both con- - ditions force the heart to work) harder in order to pump the blood to the body. The added strain may cause the heart to enlarge, be-- j icome progressively weaker, and eventually fail. While surgeons have long oper-ated successfully by touch alone to widen the opening of the tight! valve, such blind techniques have not proved satisfactory for repair-ing the leaky mitral valve. Using; a heart-lun- g machine developed at the University of Washington' to take over the patient's circula-tion, Dr. Merendino and his col-leagues open the upper left cham-ber of the heart and expose the diseased mitral valve. With its de-fects fully visible, they can then make appropriate corrections Mn the closing mechanism of the valve and carry out other indicat-ed valve repairs at, the same time. Dr. Merendino reported that all ..five patients survived the surgery itself, but two, severely ill before operation, died within 24 hours. The other three are fully recover-ed. Recent check - ups have shown marked improvement, in-cluding, reduction, in size, 'in the condition of their hearts, Dr. Mer-endino said. Attends Convention Held in Florida Mr. and Mrs. James H. Green-side- s left Sunday for Miami Beach j Florida, where they will attend a convention of North American Van Lines, Inc. agents Nov. 12-1- 6 at the Americana Hotel. Mr. Green-side- s is manager of Sugar House Van Lines and is local agent for the long distance moving company. More than 900 North American agents and their wives from all 48 states and foreign countries are expected to attend the annual con-vention, which will be the largest in the history of the moving in-dustry. Principal topics on the ag-enda will be the new moving ser-vices and techniques to handle the more than 35 million Ameri-cans expected to move during 1958. Mrv Greensides' firm has been affiliated with North American Van Lines since 1950. 2nd Asian Flu Epidemic Predicted For Early Spring With a second outbreak of Asian Flu expected to hit the state be- - . tween the latter part of December and the first of February, Utahns are urged to protect themselves by getting vaccinated against the disease. This was the warning received this week by the Utah State Uni-versity Extension Service from Dr. Joseph P. Kesler, acting dir-ector of the State Health Depart- - ' ment. Contrary to general belief, Ut-ah physicians have an ample sup-ply of vaccine to take care of all persons susceptible to the dis-ease," Dr. Kesler said. He added that Utahns would have to take the initiative in get-ting vaccinated, that physicians generally would be unable to call their patients and call attention to the availability of the vaccine. Dr. Kesler said two shots are recommended, and that their cost is nominal. "We estimate that about 300,000 persons in the state now are im-mune to Asian flu, either from vaccination or the disease itself. We would like to get the other 500,000 vaccinated," the health de-partment leader said. One of the earliest exponents of healthful rest . and cure for George Bodington of England. In iS40 he started an open-ai- r TB sanatorium, but was denounced as a lunatic. He turned his sana-torium into an asylum for the insane. The red Double-Barre- d Cross on the 1957 Christmas Seals is' the registered trademark of the National Tuberculosis Association! Your best defense against TB is the Christmas Seals offensive education, case finding, rehab-ilitation . and medical research, progress has a by - product: new hazards. |