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Would you agree that if someone went to court, and ... that the neighbors would then not be 100% legally responsible?

That wouldn't happen, though, because comparative/contributory negligence doesn't come into play when person A's dog (which is known to be dog aggressive) goes onto person B's property and rips up person B's dog.

Fine, you've said that before. What I don't understand is this shelly made a flat statement that the neighbors were 100% legally* responsible and I was not *sure* that was true. And so I brought up the *possibility that if the case went to court, Cate would not get 100% reimbursement. Okay?
So you say that based on your knowledge of civil law, that wouldn't happen in this case, and I believe you. (Well, not 100%, but not because I doubt your
knowledge of the law, just because I keep reading
about all these whacko court cases not to mention that in my one trip to small claims court, the judge made an absolutely stupid decision that flew in the face of all logic).
So, I don't get why anyone is on my case just for
bringing up the possibility, and I don't get why
shelly is twisting so hard trying to claim that she didn't say what she said, especially when you are
backing up what she said anyway.
Bizby
hmmm. *if* Cate could be held 20% responsible, would that mean the neighbors' dog would only be 80% killed if AC were notified.

I very clearly stated "And of course, this applies only to civil court and damage awards, not criminal court." So don't try to make it look otherwise.
Bizby
And I wouldn't blame anyone for that. We have an crazy man living next door. He called the police when ... in our yard, and that drop branches in the yards, endangering the dogs, the fence and the houses and garages.

charming!
he sounds like a bizarro twin of my former neighbor, who came into *my* yard, while i was at work, and cut down all the trees. none of which trees were anywhere near his property line, so they were in no way, shape, or form a nuisance to him. he also cut down trees and brush on the state-owned property along the river, at the back of both of our yards. i was beyond gobsmacked. he claimed it was to cut down on mosquitoes. IDTS. he's the same nut job who had a bonfire going pretty much 24/7. when i told him that i had asthma, and that the smoke aggravated it, he invited me over for a beer. WTF?! why would i want to drink beer (which aggravates my asthma), with a trespassing, tree-cutting pyromaniac?

and then there was the twelfty foot snowfall we got, after which he shoveled out his car (which was parked, as always, in my front yard!) and dumped the snow on my front walk.

i was so* glad to get away from that psychotic asswagon. (yes, i could've sued him for cutting down my trees, but moving was much easier. the fire department decided that the bonfire was Allowed, because it was in a large pit. they suggested that i call them out every time he built a fire, because asthma is a serious medical issue. i didn't think that was an acceptable solution. living next to crazy people *sucks.)

shelly
http://www.cat-sidh.net
http://cat-sidh.blogspot.com /
i was *so* glad to get away from that psychotic asswagon. (yes, i could've sued him for cutting down my ... they suggested that i call them out every time he built a fire, because asthma is a serious medical issue.

What for? Did they want to join the party? Or did they think you needed the paramedics?
i didn't think that was an acceptable solution. living next to crazy people sucks.)
Yes, it does. Before we put the fence up, we had the property surveyed and told the surveyor to assume his work would have to hold up in court (which never happened, because Earl is too cheap to pay the filing fee). Of course, Earl wanted a copy of the survey, which we paid $500 for. He didn't get it. After the professional survey, Earl did his own amateur job, based on where Walter Hoefer (owner of our house two owners ago) told him 50 years ago that the property lines were.

We came home from church to paint stirrers stuck in our yard, which of course we removed. He wanted to know if the dogs would be able to get right up to the fence. I've always been a little afraid he'd poison them or something, but once I caught him talking to them.

Mustang Sally
What for? Did they want to join the party? Or did they think you needed the paramedics?

heh. the fires were legal, so i couldn't do anything to stop him from building them. but because i had a medical problem that was exacerbated by them, if the FD were called out, they could extinguish them. now, that may not have been strictly true, but i was too fed up with the situation to mess with it any further. besides, i figured that if i did manage to get the fires stopped, he'd start doing something else that was even more disturbing. the guy was seriously whack-a-doodle.
After the professional survey, Earl did his own amateur job, based on where Walter Hoefer (owner of our house two owners ago) told him 50 years ago that the property lines were.

well, then, it must be true!
We came home from church to paint stirrers stuck in our yard, which of course we removed.

it could be worse. i can't find the article right now, but i recently saw a story about a man who felt his neighbors had built their wooden privacy fence on the property line. they came home one day to find that he'd taken a chain saw and cut down the fence.
He wanted to know if the dogs would be able to get right up to the fence.

no, they magically keep two feet back from it. lordy!
I've always been a little afraid he'd poison them or something, but once I caught him talking to them.

i'd be worried, too, but it sounds like he's mostly the "harmless and cranky" variety of crazy.

shelly
http://www.cat-sidh.net
http://cat-sidh.blogspot.com /
heh. the fires were legal, so i couldn't do anything to stop him from building them. but because i had ... to get the fires stopped, he'd start doing something else that was even more disturbing. the guy was seriously whack-a-doodle.

It sounds like it might have been kinda fun to have the FD put out his fires every time he built them, but I see your point about him doing something worse.
well, then, it must be true!

Exactly.
it could be worse. i can't find the article right now, but i recently saw a story about a man ... property line. they came home one day to find that he'd taken a chain saw and cut down the fence.

Oh, I know it could be worse, and I'm grateful it hasn't been. Of course, it would be more difficult to take our 6' chain link fence down, and I'm not sure Earl would be up to it. But thank doG he didn't try.
no, they magically keep two feet back from it. lordy!

Yeah, I'm not sure what that was about. We just had two at the time, and used two trolleys; maybe he thought we'd still put the dogs on those.
i'd be worried, too, but it sounds like he's mostly the "harmless and cranky" variety of crazy.

Yes. Seriously annoying, but not dangerous.
Mustang Sally
sighthounds & siberians (Email Removed) said in
He wanted to know if the dogs would be able to get right up to the fence.

Dang! Thank god for good dog neighbours. My dogless next- door neighbours (with whom I share a 4' chainlink fence) have no problem with all the dogs which are sometimes playing in my yard.
On a busy daycare day, that's almost as many dogs as you own, heh.

Matt. Rocky's a Dog.
I really have no idea why he asked that. Maybe he didn't want the dogs peeing through the fence. He may or may not have complained about the dogs - if so we've never heard - there's no limit in our small city, we have a kennel license anyway, and we certainly don't leave the dogs out to bark enough to be considered a nuisance. We're thinking of moving part of the fence next year so the gate doesn't go across the driveway, which would probably make him happy.
Yep, our numbers are definitely up there. Who knew when we decided to adopt new dog Music that we'd get a return that was more or less unplaceable? Actually, if we only counted intentional adoptions/acquisitions (which I think is only fair), we'd only have 5 dogs. See, that's not so many; I feel better now.
it could be worse. i can't find the article right now, but i recently saw a story about a man ... property line. they came home one day to find that he'd taken a chain saw and cut down the fence.

We grew up next to a couple with children about our age. Mark was my best friend growing up. They built their house and moved in when I was
4. And when I was about 10, we put up a rail fence mostly fordecoration. It was well on our property.
Time moves on. All of us grow up and go to college. My Dad dies, and the neighbor's wife walks out. He becomes an alcoholic and gets seriously weird. And one day my Mom came home to find him ripping out that beautiful fence with his tractor.
He had to put it back. But it was pretty scary, and my Mom moved not long after. And the neighbor also moved, then the new guy who lived there came over and cut down a bunch of trees on our property. It's like that house is cursed.
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