Conference misery::feline_v1

    I don't know how you will fare in court but. . .
    
    A friend of mine had the police come knocking on his door one day
    after he hit a cat.  A neighbor saw my friend swerve to avoid the
    cat, but the cat ran the same way.  So the neighbor called the police.
    My friend wasn't arrested at all.  He explained the story to teh
    poliice, including the fact that he did stop and moved the cat to
    the side of the road (which the neighbor did not see).

    
    
    	small claims is no piece of cake...take it from one
    	who knows.  Although my case is not sad like yours.
    	Sorry to hear about your kitty.
    
    	You can take him to court  but it would be
    	your word against his...if you have witnesses you'd be
    	all set.  And even if you win there is no guaranteeing
    	that he'll pay.  You could keep hauling him back in,
    	but sometimes to no avail.
    
    	If I were you, I'd take him anyway if for no other reason
    	but to make him mad by inconveniencing him.  And if he 
    	decides not to show up, you automatically win the case.
    
    	Again, sorry to hear about your poor kitty.
    
    	JJ
    

    
    Jim,
    
        I was so saddened by your note.  That must be one of the worst
    scenes to have to witness.  As far as small claims I really can't
    give you any advice as far as how you would fare.  But I would go
    ahead and do it like you said just to inconvenience him both time
    and money wise.  Animal cases are very hard ones to call.  This
    being such an emotional case makes it even harder.  Looking around
    at changes in society's views as a whole it seems like society has
    become much more sympathetic toward animal causes and their rights
    and have also took into consideration the bond between human and
    animal.  I would assume depending on who the judge is would also
    be a factor.  Even if you lose I'm sure your neigbor will not be
    happy about being there.  Again my heart goes out to all of you
    at this time.  Take care.
    
                                           With the warmest feelings,
                                                                  kim
    

I have a feeling that even if i do win he won't pay but at least i'll
get some satisfaction out of letting him know what a creep he is.
How anyone can come to the door cheery knowing what he had done is beyond
me.  The sad part is that had i not seen the hit and run, he would of never 
told me and we would of kept on waving to him (even though they hardly ever 
return or initiate the gestures) never knowing that he was responsible
for our cats death.  

My wife wrote him a letter telling of our fellings and i put it in his 
mailbox yesterday.  Probably won't even phase him.  For all i know, he could
of killed our other cat which disappeared last Christmas.

We gave Sheba a nice burial high on our hill in the rain yesterday, where
she'll never have to deal with cars again.

-jim-

    
    Take him to court and kick his but! ;-)
    I feel you have a pretty strong case.
    But just like the others said, just go to inconvenience him
    for doing such a cruel thing!  I'd lose it if I even
    hit a squirrel.  This has happened to me before, it wasn't
    my cat but my boyfriend's.  Some guy just ran his cat Puma
    over and kept on going.  We rushed him to the vet but
    Puma died in my boyfriends arms.  I can't understand how
    people can actually hit an animal and just keep going!
    Best of luck with whatever you decide to do and i'm sorry
    to hear of your cat.
    
    
    cj/ who's also thinking about taking someone (a breeder) to small
    claims court.

    
    	I would definitely take this guy to small claims court. It's
    	been a long time since I took my driver's test, but isn't there
    	a rule that says it's illegal to leave an animal after hitting
    	it without notifying the owners and/or the police? This guy
    	sounds like a real loser. He deserves to have his life made
    	miserable (in my opinion...)....
    

    My heart goes out to you and your family for your loss.
    
    I can't believe someone could be so unfeeling.  I would proceed to
    small claims court with caution as he may be vindictive and, when you
    get another cat, he may go "hunting".  Maybe the local MSPCA could help
    or give you some info on what can be done.
    
    Best of luck.
    
    P.
    

DO IT     DO IT     DO IT   He deserves to be inconvenienced  Even if
    you  don/t get the  money         The life of your friend is important
    enough for you to go get him.  I don't truly believe in vengence,
    but the life of a fur face is special.
    
    My sincere sympathy.

    
    In small claims court, I believe that triple damages and a warrant
    for arrest can be issued if the bozo refuses to pay after the judge
    has made a decision.  It may be a hassle for you, but it could get
    real nasty for him if the judge sides with you and he refuses to
    respond accordingly.
    
    Good luck, Rick
    
    By the way, he has admitted to you that he heard a thump.  Logically,
    the judge should agree that he should pay for the medical bills.
    I am unsure though if there has to be negligence (ie.  tried to
    hit the cat or did not make a reasonable effort to avoid him). 
    However, you may also be able to get pain and suffering compensation.
    The best method I suppose is to consult with a lawyer (many of whom
    may give you some free advice).
    

    I'm very sorry about your cat.  One thing I would do is call the
    local animal shelter and ask what the law is about what he has
    done.  There are places where it is at least a misdemeanor to leave
    an animal in that condition without getting aid for it.  Being
    charged with that would be more trouble for him than small claims
    court, I think.  I also agree, be careful about any future outdoor
    cats you have in case he tries to deliberately hurt them.  Can you keep
    them indoors?
                                                          

    I was very angry when I first read this note, and my first inclination
    is to say shoot the b******.  However, then I get a bunch of people
    yelling at me, and besides, we don't want you to end up in jail
    instead of this creep...  :)
    
    I am very sorry about your kitty.  If someone killed my cats, I'd
    react the same as if they killed my kid (of which I don't have any).
    My cat is no less valuable than anything else alive, be they pets
    or not--any %$#@! who runs over one and then just shrugs it off
    is going to have a very mad girl on their hands.  
    
    I would suggest to go ahead and take him to court--hopefully you
    can also get court costs from him.  Also, I second the notion--please
    keep your cats indoors--it's people like your neighbor that make
    it just too dangerous to let the furry felines outside, nevermind
    the rest of the world.
    
                                                                   
    ---kim

>    I can't believe someone could be so unfeeling.  I would proceed to
>    small claims court with caution as he may be vindictive and, when you
>    get another cat, he may go "hunting".  Maybe the local MSPCA could help
>    or give you some info on what can be done.

Ironically, his daughter (lives in the house next to him) has a cat and she
called out to me as i was leaving his house, "How's your cat?".  I don't
know if it was a bit of sarcasm or not.  I just yelled, "She's dead!" and
kept walking.

-jim-

>    court, I think.  I also agree, be careful about any future outdoor
>    cats you have in case he tries to deliberately hurt them.  Can you keep
>    them indoors?
                                                          
We also have a dog which i'm afraid to let loose now.  One, for the fear of
being hit and two, for the retribution the neighbor may take if he happens
to wander into his yard.  We live on a quiet street where cars only come
by every ten minutes or so, so i never worried before, but i do now.

I hate to always keep a cat indoors but one almost has to for their own
safety.  It's not too easy to train a cat to stay in it's own yard and
you really can't tie them up like a dog.  But they are fun to watch
outside.  We had just started to let her out, too.  Darn!

-jim-

    Even if you didn't have the silly neighbor and his car to worry
    about there's always other things your kitties might run into out
    there (mine have, much to my belated regret).  If it makes you feel
    any better when you have another cat, remember, they sleep 20 hrs
    a day or so, so for the four hours they'll be awake, give em some
    string  ;)
    
    (when they're not eating, that is)
    
                                                            ---kim

>I have a feeling that even if i do win he won't pay but at least i'll
>get some satisfaction out of letting him know what a creep he is.
    
    There is a legal term used if the court issues an order and the order
    is ignored; it is called CONTEMPT OF COURT. A person can be put behind bars
    for it, no matter how small the award. Don't be afraid to do it.
    
    Deb

I agree you may have grounds in small claims court - IF there are laws
regulating what a driver must do when accidentally running over a cat.
I would check first for what your rights are - as much as I would like
to see the man pay for this in some manner, I know he can sue YOU for
harassment if you do not have legal grounds before you get him to
court.  I would also consider what revenge he might take to make your
continued residency as a neighbor unbearable.  

    I once hit a dog with my car.  Naturally, I stopped.  The owner
    was nearby and together we took the dog to the vet.  Fortunately,
    he recovered completely.
    
    The dog had to remain in the animal hospital for several days.
    I reported the incident to the police and they asked if I had called
    my insurance company - which I had not thought of doing.
    
    Upon calling my insurance company, I was informed that pets are
    considered personal property and injuring the dog was the same as
    damaging other property with my car.  Anyway, the automobile insurance
    company paid the vet's and the animal hospital's bills without any
    argument.  
    
    To be sure, this occurred in Florida and each state's automobile
    insurance laws are different.  However, a simple phone call to an
    insurance agent will give you the information as to whether this
    would be covered on your neighbor's auto insurance.  If it is -
    put a claim in against his auto insurance.  You would have to go
    to the police station to record the accident.  The police then will
    get the name of his insurance company.
    
    	Bill
            

    I would also be worred about the retribution from such
    a callous neighbor. When I was about 11 my cat Fuzzy was
    found dead on the sidewalk, and the vets said he'd been
    poisoned. I couldn't believe anyone would do this, but
    we had some vicious neighbors on both sides of our house.
    My parents were worried not just for the pets, but for
    us kids too. A year later our dog came home with her
    eye practically hanging out of her head. Took her to the
    same vet and he said it was a bee-bee gun shot in her
    eye. One of the neighbors did it because we knew he always
    carried a bee-bee gun around with him, and he threatened
    by little brother with it. He was a crazy.
    
    Some people don't think that hurting or killing an animal
    is a crime, but we know it is. Watch out for those kinds
    of people. Good Luck!
    
    lp

Well, thankyou all for your support and ideas.  It is so nice to know
that in this world of crazyness, there are people who care about little living
creatures such as i.  I think i am going to persue the auto insurance claim
route.  I've been having second thoughts about taking this guy to court
only for the reason of not knowing what he might do in the future - being
neighbors.  He has to live with what he's done and as far as i'm concerned,
i want nothing to do with them in the future.

Last year while on our honeymoon in Nova Scotia, i hit a dog which darted
out in front of me.  He ran into the woods and i spent the next half hour
looking for him.  His owner eventually drove up on a motorcycle and i told
him that i had hit his dog but couldn't find him.  All this guy had to say was,
"Well, he's probably all right".  Geez!  "Probably all right?"  If someone
hit my dog i would of gone crazy.  I wonder what ever happened to him.
The incident bothered me for the next couple of days.

Some people...

-jim-

    Re. 17 and others...(I think) No flames, please, this is simply
    a general comment:
    
    This is a strange day and age when people are afraid to take
    wrong-doers to court because they are afraid of retribution  (nothing
    personal, Jim, just remarking on a few of the replies....)  If this
    kind of neighbor can hit a cat and get away with it, I wonder what
    they might be able to get away with next?
    
                                                              ---kim

    I don't understand how come this isn't a case of hit and run
    which is a serious crime because a few notes ago a person said
    that she was going in a car and the car ahead of her's hit a 
    dog (I think) and continued.  The dog then hit her car and
    her passenger (sister I think) remembered the partial plate
    number because it was a vanity plate and reported and successfully
    sued for quite some money.  It does not matter whether you
    have to go any place if you hit a living thing, and ironically
    church would be the last place I'd go if I'd accidently hit
    an living organism.
    
    Confused.

    
    	re .22  -  My thoughts exactly. How can this guy be on his
    		way to church and not feel guilty about what he did?
    		Sounds like a hypocrite to me...
    
    		   This is really callous (but so wasn't he..), but
    		I would put up a little grave-marker right on the 
    		edge of your/his property `Here lies my beloved cat
    		who was killed by a callous hypocrite'. 
    
    		   Another thing you could do that might make you feel
    		better is to write a letter to the editor of your local
    		paper - maybe some of his friends (if he has any) would
    		see it and embarass him about it. 
    
    		Good luck, whatever you do...
    
    		Sherry
    

    Jim,
    
    I'm so sorry about your cat.  I would feel terrible, too.  If it's
    any comfort, at least she is safe now, and out of pain, and she
    is always in your heart.
    
    If and when the time comes that you want another cat, I would advise
    (if you asked *me*) to get one or two half-growns from a shelter,
    and keep them inside.  I say 'half-growns' as they are generally
    harder to place since their cute kittenhood is over.  But they make
    wonderful, loving friends, and are not as rambunctious as little
    kittens.  As for keeping them in, a previous noter hit it right--they
    sleep upwards of 85% of their entire lives away!  They will be lively
    and loving when you come home, and you will have the peace of mind
    of knowing that they are safe and happy.
    
    As for the small claims court, I can certainly understand how you
    must feel--my first reaction is always to seek retribution, right
    or wrong!  But think of this, the accident has happened, and also
    as someone said earlier, this person has to live with themselves.
    Don't think that his act will go unnoticed or unpunished in some
    way!  Maybe by just letting the whole thing go and taking time for
    your grief you can bring about a better change in that person.
    
    Whatever happens, you always have the love and support of this
    notesfile and all of us.  Please keep us posted, and please know
    that you are not alone.
    
    Jane

    Please understand that I was not meaning to condone being vindictive
    for vindictive's sake--I simply feel that if someone hits and animal
    and is then approached (one would hope semi-nicely, in the intentions
    that since the hitter did not stop they must have been blissfully
    unaware of having hit anything and therefore should be given benefit
    of the doubt), then one should at the VERY least pay for damages,
    even if said animal is now dead.  I hardly think if it had been
    some rambunctious child hit (again, assuming the party who had done
    the hitting didn't know it had hit anything), the neighbor would
    have been so blase about chiping in to pay medical expenses.  Of
    course, had it been a kid, then court would have been a mandatory
    sort of thing, people frowning upon other people, especially small
    ones, being hit by cars which then drive off, wheter in blissful
    ignorance or otherwise (especially when one admits to hearing a
    thump).
    
    However, since this is "only" a cat, the payment of medical expenses
    (which pale in comparison to that which a human would have incurred)
    is not an unreasonable thing to ask.  After all, it's "only" money.
    
    I would pursue the auto insurance route--however, were it MY cat,
    I know I'd try to control my vindictiveness and take the &^^%%$#$#
    to court.  There are worse things I could do.  And should this neighbor
    then get a wee bit peeved at being inconvenienced, well, that's
    his problem, as obviously, the cat wasn't.
    
                                                                 ---kim

    It's not always the drivers fault when an animal is hit.  I say that
    even though the driver is clearly at fault here.  I've had a cat run
    right in front of my wheels from underneath a parked car (I missed
    him, thank goodness).  There was no way I could have avoided his
    doing that.  Another reason to keep them inside.....
    

    
    Sue him at once, even if it's for your own pain and suffering.
    
    Even if he couldn't possible have missed your cat he had a
    duty to stop and see if anything could be done, including
    apologise to you.
    
    
    Andrew H & Bandit.
    
    
    

    Many people have referenced stories in this notesfile about
    dogs being hit and have said that if te courts backed the
    dogs owner in those cases then the courts would back the
    owner here.
      The major difference is that this involves a CAT.  It has
    also been pointed out in this notes file that frequently the
    law states that if a driver hits a DOG s/he must stop.  It
    is "ok" according to the law, to hit a cat or other animal and keep
    going.  
      Another thing I've noticed in our society is that it is OK to
    hate cats but not dogs.  Have you ever seen the bumper sticker 
    that says "I love cats - DEAD ones!".  Or how about the 
    "Crushed Kitty" that is designed to hang out of your trunk or
    car door!  It is "socially acceptable" to hate cats.  Historically
    cats have been the victims of some horrible customs!  (There is
    some really interesting info about this in THE CAT WHO CAME FOR
    CHRISTMAS)
      I really like the idea of an editorial.  In fact, perhaps it
    could be done without naming anyone and with the objective of
    getting the local law about hitting animals changed (assuming
    that it only coveres dogs) so that in the future someone WOULD
    have legal recourse.  
      The rest of us feliners could do something similar.  Get the
    laws changed so that it IS a crime to hit a cat and leave the
    seen of an accident.
      BTW - the legal definition of "hit and run" is leaving the
    scene of an accident knowing that there has been property
    damage (there may be a monetary limit on this - e.g. you've
    caused $100 damage) or that has been an injury (to a person).
    Since the driver didn't know he had caused "property" damage
    then I don't believe he's liable for HIT AND RUN.
    
    Also, yesterday I wrote a long note about my experiences with
    small claims court but got a 'NETWORK PARTNER EXITED' when I
    tried to add it.  If anyone is interested, contact me and I'll
    type it out again.
      
      Its time we made it socially UNacceptible to hate cats!
    
      Nancy DC

>    It's not always the drivers fault when an animal is hit.  I say that
>    even though the driver is clearly at fault here.  I've had a cat run

For all i know our cat could of run in front of this guy's car.  But what really
angers me is the attitude he has about the whole thing.  When i approached him,
i asked if he would pay half the expense - only $33.  He say no way, for a 
licensed dog maybe, but not for a cat.  He could of still kept on our side
if he had just paid the lousy amount.  Now i will take great pleasure
in shunning him.

His daughter walked by the other night while i was outside and said, "We're
really sorry about your cat, you know."  I said, "why didn't your father at 
least stop?  If i hadn't seen the whole thing he would never of even mentioned
it to me".  She said he was on his way to church to pick up a 5 year old
waiting for a ride and couldn't stop.  If he had a flat tire he would of.
The point is he could of cared less about stopping.  Let the guy come by and 
tell me how sorry HE is...

I filed a complaint with the police yesterday and confirmed the law with
a dog officer that a person isn't required to stop for cats.
An article in the paper might be a good idea to help raise public awareness.
We live in a small town so there isn't any town local paper but maybe
the Worcester Telegram/Gazette.

I wasn't aware the a cat spends so much time sleeping.  We are going to wait 
a while before getting another one - probably sometime in the fall.  Definitely
going to find one at a shelter or take a give-away.  In the meantime i'll
just read this conference to learn more about felines.  I am relatively
new at taking care of kitties.

-jim-

P.s. I like the idea of a roadside memorial. Something like they do in Mexico.

    Jim-
    
    I've been reading this note all along....so sorry about your cat
    and the situation with the neighbor.  It's unfortunate and sad that
    the neighbor's heart doesn't seem big enough to encompass the cat he 
    killed (a living being) or you as the ones who owned and loved the cat 
    (and he may feel bad about it, but definitely unable to extend any 
    courtesies to you--and that seems to sum him up as an uncaring,
    unloving human with no class!!  At least his daughter seems to see the 
    situation clearly and seems to realize that it wasn't handled
    properly--but it is her father.)
    
    So the point of these few words......I'm having a hard time
    understanding why it is ok to hit a cat and run, but not a dog.
    Both are pets, both are loved and cared for, both are an expense,
    both seem to run freely (although some places have leash laws for
    dogs).  The only thing I can fathom about a reason is the fact that
    the cats are considered "free spirits".  I don't buy that reason.
    More and more people are putting identification tags on their cats,
    and are keeping them inside because of situations such as this one.
    The other thing I think could be a reason (but a pretty yucky one)
    is that dogs make bigger messes in the street and need the attention
    of some town worker to clean it up.  
    
    Whatever the reason, how do we change the way it is?  Is it town
    related or state?  Do we care enough to get involved?  Writing a
    letter to an editor will help make others aware of the problem,
    but won't in itself change anything.  Since this guy's attitude
    reflects the (unfortunate) selfish attitude of a lot of society today,
    the only way most people will react to something such as this is
    by putting a law in place for them to be fined against or brought
    to court against.  Other than that, people can continue to run our
    cats down and keep on going as if nothing happened.
    
    I guess I'm asking for interest in making a change, ways to go about
    it, etc. because I don't have the time or energy to wage a one-person 
    battle, but am just as upset as the rest of the noters at the injustice
    done by people killing other people's pets and driving away with
    the attitude "it was just a CAT".  That says a lot about the loveless
    attitude that we deal with in many aspects of society today.  
    So, the challenge.........
    do we, as interested feliners, try to do something about this or just 
    continue to hate people who hit and run, and/or hit and ignore?  
    
    
                                      
    

    
    	Yay Nancy!!
    
    	Jim, if you decide to put an editorial in the Worcester
    	Telegram, Boston Globe or whatever...it can be costly..
    	I'd be willing to chip in a few $$ to help with the cost.
    
    	I agree that there should be the same rules for cats as
    	dogs as far as hitting them is concerned.  My folks have
    	a dog.  Got her when I was 13 and I love her with all my
    	heart and I would be devastated if someone hit her and didn't
    	stop and would do anything to bring it to justice.  But now
    	that I'm not at home, I have 3 cats and I would be just
    	as devastated if it were to happen to one of them (although
    	only one is and outdoor/indoor kitty) and even moreso
    	if there was nothing the law could do about it....
    	Cats are just as loving and a part of the family as a dog
    	is.
    
    	Please let me know what you decide to do.
    
    	Thanks
    
    	JJ

    re: .32
    
    I'd be interested in trying to do something!
    
    Michele & Nippa

    It's not okay to hit a cat.  It's not okay to hit a squirrel--the
    difference is, probably no one owned that squirrel and would like
    to know what happened or why their cat is now spread out over half
    the road (gross, yes, but the facts).
    
    To say it's okay to do something simply gives certain kinds of people
    free rein (and legal justification) to do and get away with it.
    
    Jim, the noter who said the neighbor was clearly at fault probably
    meant (I may be wrong) that he was at fault for his callous nature,
    not necessarily at fault in terms of deliberately running over the
    cat (who may HAVE run out of in front of the car). Again, giving
    the neighbor the benefit of the doubt in that he wasn't aware of
    having hit anything, that does NOT excuse him for simply dismissing
    your more than generous approach with a cavalier attitude.
    
    Go for the editorial while the emotion is still there.
    
                                                                   ---kim
                                                                         

    
    
    	re: .32... we must have been writing ours at the same time...
    
    	I agree that something should be done legally
    	to give cat owners (and the poor kitties themselves) the same
    	rights as dog owners who have had their pet killed or seriously
    	injured by a car (or whatever)
    
    	But what can we do?
    
    

                First of all let me say that I in no way condone the
        attitude of the car owner (I need to make that clear up front).
        I also want to say that I am definitely in favor of indoor cats.
        Going out on a leash does work for some cats, too. I might be a
        little more inclined to go with an indoor/outdoor attitude if I
        lived in a truly rural area, but certainly not where most of us
        seem to live.
                
                The laws (at least to my recolection) are based on the
        fact that dogs are considered "working animals" and thus have
        "value" to their owners in a similiar light to a horse. Cats,
        are "just" pets and have no "value" to their owners in this same
        light.
                
                Now, in todays world, that is obviously an inncorrect
        (an understatement if I ever heard one!) basis for evaluating
        what should or should not be done. I fully agree that the laws
        need to be changed to include pets in general. However, that may
        be opening up a can of worms that many would not want to see
        opened. Things like liability for your cats actions similiar to
        that of a dog. Leash laws. And any other restrictions normally
        put on pets. As usual, there may be no right answer, only a best
        compromise.
                
                I also wish to express my sympathy for your loss. It
        hurt me also, especially after just losing my own cat after 18+
        years (I'm down to cats=0 but expect to change that before too
        long).
                
                /s/     Bob

    I thought there was something in the law about hitting animals of a
    certain size.  For driving's safety, I thought you weren't supposed to
    take drastic swerving action etc. for animals smaller than dog size
    (i.e. it doesn't stand up in court to say you hit the car coming the
    other way because you were swerving to miss a cat) but that it was
    legally supported action for dog-size and larger animals.  I'm not sure
    it makes a lot of sense-- has anyone else heard of something along
    these lines?  (driver's ed certainly seems like a long time ago 8^)
    
    RE .0-- I'm so sorry about your cat.  It's hard to believe that people
    can be so callous and uncaring.
    
    -R
    

         Geez....I could've gotten in some trouble the other day!! 
    I almost ran off the road trying to avoid a chipmunk!!  At least
    I missed........ 8')
    
    
    
    Bob

    
    
      Hitting a dog in Mass. and leaving the scene is considered a "HIT AND
    RUN" just as if it were a person.
    
      Hitting any other animal except a farm animal is not considered a
    hit-and-run.
    
      I personally think this is ridiculous, but it has more to do with the 
    species than anything else. In SOME states a cat is still considered a
    "wild" animal, and cannot be "owned" as a dog can...I.E. You cannot
    hold TITLE to a cat, but you can to a dog. I don't know if this is the
    case in Mass. NOW, but that's where these laws originated from..
    
      This seems to be just another example of the bizarre, weird and
    idiotic thinking of Lawyers...the folks who make the laws that keep
    other lawyers rich and the population supressed. When convicted rapists
    and murderers are allowed to roam the streets, and the jails and
    prisons are filled with marajuana(sp.) smokers, do we WONDER what is
    wrong with society today????
    
    
      If we want to do something SMART with the laws, we should probably go
    back in history and look at the words of SOCRATES: "If we really wish
    to cure the injustices of mankind, we first should KILL all lawyers!"
    JM

    
    
    My sympathies also..  I think the man who hit your cat is a major
    pr***!
    
    I'll help if theres anything I can do.  There should be laws.  Alot
    of people go after dogs AND cats for pure fun and try to hit them
    on purpose.  But there should be no questions in anyones mind that
    cats are an acceptable and well known pet to *many* people.
    
    I mean, there are magazines, foundations, shows, etc. etc. etc.
    Its not like owning a pet mouse!!
    
    No offense to mouse owners, I love all animals, I'm just trying
    to show the differences here..
    
    
    What can we do!!
    
    F.

                   <<< NOTES$:[NOTES$LIBRARY]FELINE.NOTE;1 >>>
                               -< Meower Power >-
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Note 2368.21               Taking a neighbor to Court                   21 of 41
DRFIX::IVES "I'm my own Persian"                      0 lines  11-APR-1989 11:56
                          -< Sometimes you wonder... >-
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    I guess the strangest thing I find in this whole story is your
    neighbor was on his way to CHURCH.  So much for what religion
    has done for some peoples personalities.
    
    I hope you will consider a new cat soon, and they really don't mind
    being kept inside, if that is all they know.
    
    Barbara 

                   <<< NOTES$:[NOTES$LIBRARY]FELINE.NOTE;1 >>>
                               -< Meower Power >-
================================================================================
Note 2368.24               Taking a neighbor to Court                   24 of 41
CIRCUS::KOLLING "Karen, Sweetie, & Holly; in Calif."  0 lines  11-APR-1989 14:10
--------------------------------------------------------------------------------
    Let's keep in mind re the last few notes that you do have to live
    next to this person, and if he's a nut, aggravating him may cause
    you and your animals harm and certainly anxiety.  You mentioned
    his daughter, a cat-owner, a while back.  Possibly she really loves
    cats and if she knew what happened she might make her father
    fairly uncomfortable.  So, I would probably tell her about it in some
    relatively calm way, not a way that implies you think she's going to
    talk to her father or anything, which would probably put her on
    the defensive.  I think the auto insurance route is a good idea also.
    

    re: .31
    I agree with you about the man not at least saying he was sorry.
    I can forgive a lot of things if the perpetrator is genuinely sorry
    about what happened.  When someone stomps on my feelings and my
    self respect the way your neighbor did, I become irate!
    
      I would point out that his daughter sounds genuinely sorry.  I
    don't know if she was in the car that killed you cat or not, but
    if not, I hope you'll be able to separate her from her father.
    The sins of the father should not be visited on the daughter.  
      besides, she may prove to be a useful ally.
      Nancy DC
    

    I wanted to address the arguement that cats don't work and therefore
    don't have "value".  If memory serves, recently a court ruled that
    a landlord could not evict a tenant who had a cat, nor require her
    to get rid of the cat.  It seems that this woman suffered from severe
    clinical depression and the cat was her only reason for getting
    up in the morning.  If not for the cat she'd just vegatate in bed.
    The cat was necessary for her welfare.
      There are also numerous studies showing the value of "pet therapy",
    both dogs and cats.  Pets, especially cats, are being brought into
    nursing homes because of the positive effects they have on the 
    residents.
      The point is, that I believe there is sufficient evidence to prove
    the value of a cat on a legal basis.

    re: a few back
    
    If one has a farm and has some cats on the premisis for the purpose
    of keeping the rodents out of the feed, is this cat a 'working'
    farm animal?
                                                       
    RE: .0
    
    I'm really sorry to hear about your cat.  My cat is and
    indoors/outdoors type  (though sometimes I wish she was indoors only -
    our neighborhood has a few speed demons) and I worry about the same
    happening to her.  If it did, I would at least hope the person would
    stop and apologize, if they didn't, then I would probably try to
    make a point or example of the person.  No one has the right to
    play god and take a life away from another - even if it is "only
    an animal".  Hearing this kind of stuff really angers me!
    
    There was a note either here or in canine which told a story
    about a person take another to court (for a hitting a dog) and they
    won.
    
    Good luck w/ what ever route you decide....
    Michele & Nippa
    
    
    
    

        Re .45 and .46,
                
                I knew I couldn't get all right the first time (I tried
        though!). I had no intention of saying cats have no value (I
        sure don't believe that!!). What I was trying to say, and hope I
        can say it right this time, is that in the eyes of tradition
        from whence most property laws come, only certain animals had
        "value" and cats were not among them.
                
                Today, those of us with any sense, know that cats in
        fact DO have "value", even in the old fashioned sense. Of course
        part of that value has only been recognized relatively recently
        (such as the companions to the elderly).
                
                One of the previous noters pointed out another part of
        the same thing, cats were considered "wild" animals, and
        although tolerated and many times encouraged to "hang around"
        (mice, etc.) they were not "owned" like a dog or horse was
        owned. 
                
                /s/     Bob

    Now that I am thinking about it, I remember seeing a case before
    Judge Wapner (I was home sick and I was so sick, I didn't have the
    strength to get up and turn the channel ;'})  Anyway, this man was
    suing a neighbor for killing his cat.  Wapner asked the man how
    much he paid for the cat, to which teh man replied that the cat
    was a stray that he took in.  I can't remeber how much the man was
    suing for.  Anyway Judge Wapner awarded $25 to the guy for his "pain
    and suffering".

    
    
         I'm not positive on this but from the way it was explained
    to me this is how it sounded:
    
         Because dogs are "controlled" by the respective states (I'm
    talking N.H. here) such as license fees which go directly to the
    city or wherever and are controlled by leash laws when a dog is
    hit it must be reported.  There are laws on the books for dogs because
    of the above therefore in a sense they are protected.  Cats on the
    other hand do not have the above.  I'm sure some of you remember
    the city who passed a law saying cats had to be on leashes.  Alot
    of cat owners were not too thrilled to say the least with this law
    but I would bet that if the cat had to be put on a leash they also
    had to be licensed which entitled them to the same protection by
    law that applies to dogs.  I'm not sure on that but would tend to
    believe that.  The same goes for city pounds.  There are many that
    do not handle cats in any way.  They are there to control the dog
    problems because they are the ones licenesed ($) by the city.  
    
         Which leads me to believe if the general public wants cats
    to have the same legal protection as dogs there may be some laws
    put into effect that alot of cat owners would not like.  My personal
    opinion is I'm all for it but I know there are many that are not
    for example leash laws for cats leave a very bitter taste in some
    owners mouths.
    
                                                          kim

RE: all

You guys are too much!  I love all your thoughtfulness - it helps ease
the loss.  Thanks.  I had no idea that this note would generate so many
responses.

One of the things my wife's mother suggested we do is walk down the street
and talk to the farmer who gave us the cat and relate to them the story.  
(One Sunday evening a few months ago he and his wife driving around looking 
for kitty's owner and couldn't find anyone so we took her in).  Anyway she 
said that we would be surprised how fast the word will spread, especially in a 
small town.  This particular farmer is well known, apparently, in town and 
Mrs. farmer is a cat lover, also.

Also, i think my wife will probably be writing an editorial for inclusion
into a Sunday edition of the Worcester paper.  I have no idea what that would
cost so i don't know for sure.  Thankyou for the offer of $ to help in any 
case.

-jim-

    I live in North Grafton, a suburb of Worcester, and would like nothing
    more to open the paper one morning and read you wife's editorial!
    
    I have five cats; three of them go out, and I am very fortunate
    to have cat loving/owning neighbors on all sides of me (I live in
    a townhouse community).
    
    I am very sorry to hear of your loss; however, I feel *extremely*
    sorry for your neighbor who doesn't have the heart or the sensitivity
    to qualify as a *real* human being.
    
    They say what goes around comes around.  I hope he gets what's coming
    to him soon.
    
    With sadness,
    
    
    /Roberta
    

    Re:  Editorials
    
    I have had letters to the editor printed in newspapers before, and
    they have never cost me a cent.
    
    I thought Editorials were reserved to express the opinions of the
    newspapers editor's and staff.

I just read your story today, and it makes me both sad and angry.  I guess
there are two kinds of people in this world; those who have compassion and
those who do not.  I can't imagine ever leaving an animal in distress, and
it makes my blood boil to hear about someone who has, and then does not even
have the decency to make retribution.

My question is, did you ever pursue the insurance company route?  

ann (and mocha and bandit)

    I am wondering if a letter to your local state legislator
    requesting a law dealing with this situation is in order.  S/he
    is more likely to pay attention if you maybe got up a petition
    and sent it along.
    

    re. 54
    
    Exactly what I have been thinking of doing (contacting the State
    legislator) after I figure out who it is (I just moved to a new
    town).  Although some of the notes written since I proposed the
    challenge in .32 brought up good points about dogs being licensed,
    tracked by dog officers, etc.  I would not mind the idea of licensing
    cats, so that they too can be traced, but leash laws would seem to be
    a tough one to instill.  But I will call my legislator.  That person
    may at least know of some of the benefits or ramifications of such a
    law, or if at all possible to enact one. 
    
    re. a few back
    
    Letters from citizens to the editors of newspapers are not considered
    editorials (that's reserved for the editors themselves), but they
    are "letters to the editors".  I have never heard of anyone having
    to pay to voice an opinion about something.  Perhaps that's something
    we could all do in our own localities, at least to make the public
    aware that cats are PETS, and not to be run down and then ignored.
                               
    And, of course, we can continue to challenge people to do run down
    and ignore cats (that is if we see them do it).  
    
    Jim, I think the idea of spreading the word about this neighbor
    may have more effect than any other act taken by you.  After all,
    everyone spreading the word would be involved, not just you.  Anyone
    who has love for creatures great and small will be outraged by his
    callousness.  This coupled with the editorial should give him a
    great name in town!
    
    

    Correct me if i'm wrong, but....
    
    I think I remember hearing somthing last summer about 'the duke'
    proclaiming the Tabby as the Mass state cat.
    
    If the governor issues a proclamation to give us an official state
    cat, should that not mean that cats are recognized under the law?
    
    Kirk

    re. 56
    
    Well, if that were the case, then only Tabby cats would be recognized
    under the law.  I don't think the Duke's act is enough leverage.
    Being a State whatever, is more of an honor--I think.
    
    Karen
    

         We have three (indoor) cats at home, so hopefully what was related
    in .0 will never happen to us unless they escape.  However, it's sad to
    see that such attitudes are widespread ...
    
         My husband and I have a little place on an island in Narragansett
    (sp?) Bay, RI.  On this island we have some pet turkeys (the brown
    ones, who can fend for themselves, not the white ones who'll drown in
    the rain ;-) ), four hens and a tom.  The tom likes to yell and make a
    lot of noise, but is very protective of the hens.  All five are allowed
    to come and go as they wish, feed off the land and from us, come up on
    the deck and eat bread from us (two from my hands!) and follow us
    around, on their whim.  The whole island gets a bang out of these
    birds.  All except one.
    
         On Friday night Tommy (the male) was missing.  We looked for him
    Friday night and Saturday morning, as did most of the islanders (this
    is a weekend/summer island, no electricity, no running water until
    May).  Late Saturday morning one of the island found Tommy.  He had
    been *shot* and had run down the hill and tried to get under this
    person's house, where he had bled to death and no doubt *suffered*. 
    This person has hunted before, so he determined that Tommy was shot by
    a pelletgun or airgun, and that he had been shot Friday morning.  Only
    one family was on the island Friday morning (not the person whose house
    Tommy was found under, but a family which has complained about anything
    and everything).
    
         A passing hunter would not have just shot Tommy and let him
    escape.  He/She would not have allowed the other four hens to live if
    they were hunting (Tommy always travelled with a least one, usually
    all, of the hens).  So it had to be someone on the island.  Someone who
    didn't like Tommy's loud mouth or, perhaps, his doing his "business" on
    their deck.
    
         These people will not admit to it.  Unfortunately we have no
    witnesses.  But the circumstantial evidence is too great.
    
         If the bird were hit by accident, why didn't they come and say we
    killed your turkey by accident and we're sorry?  If Tommy was being an
    annoyance, why didn't they say we want you to pen your birds?  Why do
    this?  Everyone else on the island has enjoyed watching them come and
    go as they wish.
    
         I guess I'm just really hurting now.  I *love* animals; being a
    city-kid it's *wonderful* to have wildlife to take care of.  But this
    hits me as badly as it would if Tommy had been a child.

         Why are there such cruel people in the world?

    I'm very sorry about Tommy.  He sounds like he was a wonderful
    part of your life.  I'm so sorry about how he died.  He is at peace
    now, at least.  Perhaps my late pet bird, also called Tommy, and he
    are together.
    

    Hi Karen,
    
         Thank you so much for the kind words.  I bet our two Tommy's are
    having a grand ol' time together.
    
         Good news - we have 19 turkey eggs under our house, and momma
    turkey is now sitting on them.  We have four weeks to wait and then,
    with any luck, we will have babies!
    
         Tommy did pretty well for only being around the hens for five
    weeks ;-) ;-) ;-) !!!
    
                                        - Andrea