HomeMy WebLinkAbout1948-11-01NOVEMBER 1, '19~8:-continued
LAWRENCE GAS & ELECTRIC COMPANY:
The board voted unanimously to grant ~armission to excavate to install gas-~
service for Henry VanHenkelom, 4~0 Stevens St. 16 feet on street and E. W.
Westhrooke, Pilgrim Road, 13 feet on street,
PERi, ANENT MEMORIAL:
John Cronin and James Maker came before the board and presented plans showing
the proposed permanent memorial for Veterans of Worls War II, as voted' under
Article 62, of the annual war, nat for 194~. They showed various plans and
stated that the committee had decided on one which would be erected in front
of the town building, about five feet from the sidemalk. There would be
973 veterans names on the bronze placques. There was a length discussion
and Mr. Cronin and .Mr. Maker were advised to get the price of this. memorial
and report b~ack to'this board at a later date.
STEVENS HA~:
The board granted permission to the P. T. A. for use of Stevens Hall onNovember
26, 1948. The hall is available for that night.
~BOARD OF P~LIC WORKS:
A letter was received from P. NL~Eitfield, Chief Emgineer in reply t6 three
questions'sent in by this board, with respect~ to drainage on Namil?mm, Rclbrook
and Putnam Lads. The answer to question one stated that this department.
would permit the town of North Andover or others to discharge surface drainage,
via underground pipe but it would be necessary to stipulate in such a permit
that fail~zre to limit the connected drainage area to these streets will result
in voiding the permit and all entering pipes to the catch basins on Mass. Ave.
would be blocked.
Question 2. The Department' would not permit such surface drainage t~ enter the
Mass. Ave. system via hard surfaced gutters be~uase of the possibility~ of ice
blocking the gntters in the winter and consequently diverting the waters.
Furthermore, the areas of openings into the existing catch basins on MASs. Ave.
would be insufficient to permit prompt run-off of the water~ thereby creating
a nuisance on Mass. Ave. It would be required that the drainage 'from these streets
betaken care of'by catch basins located in the gutters of Ham~ltom..and Nolbrook
Roads notlmore than three hundred feet from Mass. 'Ave.
Question 3.' The answer to this question is "no" as regulated .by above answer
to question ~2.
The board suggested that a copy of this letter be sent to Mr. E~wi~ Reinhold
to be taken up with the other members of his organization in that' se~i~n of
the tow~.
POLICE DEPART~IT:
Chief McKee left a letter with the board which he received from FrnncisOO'Brien
Supt. of schools, with reference to a school traffic sign which~is used at
Stoneha~ -~ which they plan to use in North A~ov'er. Chief McNee suggested
a double sh~p~ boy or girl sign and Mr. O'Brien plans to have some made by Mr.
Vincent,
POLICE REPORT:
Chief McKee ~ave a report of the recent hold-up at the Thatched Roof, to the
Selectmen ~and' the report in substance was given by Mr. Coffin. He stated that
both officers 'were on the "ball" and he felt that they shn,,ld both be.publicly
commended for their excellent piece of police work.
Mr.' Thomson .than read a letter from Julius Laffert, Mgr. of the Thatched Roof,
offering his thanks for the fine police protection and commending Officers
Fleming and Farnham, and to eChief McKee.
POLICE REPORT:
The Board considered the report from Chief McKee 8n the speeding survey made
recently and .the recommendation of the chief for some signs and other improve-
ments. Mr. Coffin stated that he.would be willing to write aC~et~er to Rudolph
Xing to request the establishment of signs recommended by the chief and also
~o take steps to establish 25 mph speed on Mass. Ave.
Dog officer's report ~eeeived from John Dolan showing number of dogs license~,
371, eight dogs destroyed , five sent to the MSPCA, lost dogs returned, 20,
dog bites reported, five and livestock killed by dogs, two claimed.
DOG 0FFICER~$ WARRANT AL~0 RECEIVED AND SIGNED BY JOHN DOLAN.
RESERVE FUNDTRANSFE~APPROVED:
Approval for the transfer of $200 from the ReserVe Fund to the Police Erpense
Appropriation for the ~halance of the ~ear for $200 wasraceived.
417
NOVEMBER1, 1948- continued
DOG COMPLAINT HF, ARING:
The meeting adjourned to the Court Room at eight o'clock so that therewould be
sufficient room for all wishing to be heard at the scheduled dog hearing. Mr.
Thomson opened the hearing with reference to the complaint of Charles E. Wilcox
who,made a written complaint to this board that a great dane dog, licensed 3/27/48
to Mrs. Eva Vielgolaski of 116 Marbleridge Road, had been annoying him for the
past year.
Mr. Thomson then read the complaint made hy Mr. Wilcox and stated that under the
statute it'ismandatory that Selectmen make investigation of such complaint and
examination on oath of the complainant and may make such order concerning the
restraint or d£spcsal of such dog as may he deemed necessary.
Charles E. Wilcox was.first called by Mr. Salisbury and was sworn in by Mr. Thomson.
Mr.'Thomson stated that this hearing was called in reference to .a complaint made
.~yMr. Charles E. Wilcox.
"Mr. Salisbury asked Mr. Wilcox to tell something about the dog which had been
annoying him. Mr. Wilcox stated that from time to time, it ~ing impos~ihle to
remember exact time., hh~ had planted his garden and as soon as it was planted,
the dog started to dig it up. He came back again and again until it was too late
to have a garden. He would dig holes 6 to S feet long in several places, and bury
hones and then dig in the wrong place. I planted,grass and the dog started digging
again.- I went to the Police station amiasked them to ~ake some action. The police
came two'days later. They saw the foot marks and the officer said he would see the
owner. I again filled the holes and the same 'day, the dog came hack and I threw a
stick at him and ha grabbed me by the wrist.
Mr..Wilcoxtold about taking his cows past the house and ~he dog bit the cow badly
and thecow was with calf ami she lost the'calf in July of 1948.'Every time I take
thehull to Mr. %land's place, the dogcame after, me. Mr., Wilcox stated that he
~ows the streets for the town and the dog. always came after me. He bit my mare on
.the nose amd front knee and hesnappsd at-me.-This performance centinueduntil
artery got'the horse under'control.
'Mr. Thomas inquired ifanybody was with Mr..,Wilcox at any of the above
~e replied that mostly, he was al~ne.
Mr.'Thomson inquired if Mr, Wilcox spoke to the owner about the dog and he.replied
that:he'did norms he had gone there ~reviously about another dog stealing my hens
! complained shout th~ dog annoying my cowf~nd~the owner shid that the dog liked
cows;~ The dog is tremendous' and is as large'As, amy dog'can'grow
Mr. C6~fin inquired if Mr. Wilcox mentioned At'his previous'visit to'this board,
that'the dog had bitten someone else. He replied that at one time, Mrs. Fred
Townsend told him that the dog bit her hasb~nd, Fred Townsend.,
Mr.'~Ooffin then asked where the gardon~wah, end"where the. cows grazed. Mr..Wilco~,~!
-stated that the garden is on Salem Stree~ side and that the cows graze on his land,
atLelands, and at Mrs. Harris's place. He 'stated that Mr. Duffy's department
requested that he graze the cows there, near Appleton's place and that he mowed
· '- that landtoo.
Mr~:.Thomson inquired, whe~ they grazed ther~.i£~they .were. properly_tethered. Mr.
Wilcox replied that theywere, that they were very valuable cows and ha'wouldn't
take a chance of their running out.
Mr. Salisbury then showed some pictures of a dog and asked Mr. Wilco~ ifthey were
pictures of the dog in question and he replied theft he_believed, that it was the dog.
'Mr. Salisbury then asked how many times these' things happenad-how many times had
he:actually seen him digging In the garden. Mr. Wilcox~ stated that probably ten
or'twslve:%imes and he could tell by the foot marks.
Mr. Salisbury then asked if he had surmised, many times, that it was this dog.
He aske~ Mr.-Wilcox if he wanted it left at ten different times and he replied that
he did;'~ln answer to another ~estion as to ~the size of his garden, he replied that
lt'~as ahout one halfacre.
Mr. Salisbury then asked if at ten different days Mr. Wilcox sa~ the dog a~ different
time~ 'and asked if when Mr. Dolen came down and saw the holes, if. he actually saw
the dog dig. Mr. Wilcox, replied that.be actually saw the dog dig these holes.
Mr'.-~Salisbury inquired if he took the horse to a Veterinarian and Mr. Wilcoxstated
that:he, did:not, that he Bathed the horse and he said that the horse threw a shoe
and'he' had' to wait three days for the horse.
Mr.. Salisbury then inquired if it was not a matter of the pocketbook .ratha~ than
'the injury to th horse. Mr. Thomson stated that this-was nots fair question.
Mr. Salisbury then inquired 'if he understand Mr. Wilcoxto say that the ~og bit the
cow which'he didn't mention in his written complaint. He further asked what Mr.
Wilcox meant By attacked him. Mr. Wilcox replied that he was ,leading the cow and
.the dog got too near for comfort.-
Mr. Salisbury then said that Mr. Wilcox~had. very casually said that the dog nipped
· -him. Mr. Wilcox said the dog dug up the ~eeded place end. he threw a stick at him and
habit me; and in answer to a question, he.said that he was probahly ten or fifteen
feet away from the dog.
Mr. Salisbury than'asked if he deemed it wise to throw, a stick at a dog you were
·: frightened of. ' ..........
418
NOVEMBER 1, 19~8 - continued
Mr. Wilcox stated that Mrs. Vielgolaski had told him to shake astick at
the dog and Just as ! came there the dog started to go but he didn't.
Mr. Salisbury inquired what happened after the dog nipped Mr. Wilcox and
he replied that he came after him and he picked up a pitch fork and .went
after the dog but he got away. Mr. Salisbury asked if the dog growled.
Mr. Thomson asked if the question was necessary.
Mr. Salisbury said that Mr. Wilcox received this nipping on Saturday and.
asked if he saw the dog on Sunday, or Monday and Mr. Wilcox repliedthat
he did not.
Mr. Salisbury said ~You werebitten at four o'clock, only a two.hoar period
after the dog had returned to dig up the yard. Mr. Wilcox stated that he
had talked with Mrs. Vielgolaskionly once or twice.
In enswer to Mr . Salisbury's question, Mr. Wilcox.stated that Dr. Hol~
had treated him for the dog bite and had put stuff on and a bandage.and
he had returned again for further treatment.
Mr. Salisbury- "You don't like dogs, do you?Mr. Wilcos stated that he
did lika dogs and that he had rested them.
Mr. Wilcox told about Mrs. Rarris's daughter who said shedreaded meeting
this dog and that she couldn't tell whether or ~ot the dog wasgoingto
take a piece out ofhar.
Mr. Wilcoxfurther stated that he had been told that under thelaw,.he could
shoota dog which was annoying him but that this had been.some years ago,and
he would~'like, toknow if the law was still in effect. Mr. Thomson'told
him that;"¢hapter 56 would answerthis question.
John Dolan was then called and he said that he had investigated.thc complaint.
The police had contacted, him on Friday andhe .went downbet could not locate
Mr. Wilcox 'but he went.down on Saturday and Mr. Wilcox showed him the holes
dug by the,dog. He said that Mr. Wilcox did not sta~e that, be had, seenthis
particular dog. He-didn't mention, thc dog biting the cows. Mr. Dclan'said
the owners of the dog were surprised that their dog went over toWilccx;,~
property as he generally stayed, on their proper~y. He said the dog was~ery
large and s Great Dane with large paws, but he knows nothing else. abeutthis
matter. ",::"~
Rt. Salisbury asked Mr. D~lan~.,if he had received definite impression from Mr.
Wilcox that thedogs prints,were large and mast be this dog. ,
Mr. Thomson then asked Mr. Dolan if he identifiedthe dog as being owned by
Mrs. Vielgolask~ andhe replied thatthat was right. , ...
The" following 'persons~were ,then put under oath and Mr. Salisbuny.'called.,Mr.
Carl Miller. He stated that the dog-was,young and playflil and came around'
. his. place and,played.with his little gi~l~And wasnever bothersome. He. never
chasedthe cattle but the cattlechased.,him and i~ answer to M~..,Thomson's
question' he stated that he had no knowledge of any undo ¢ommotionwhere~
the dog was involved.
Mr. Wilcox asked about the dog coming in and playing with the cattle and Mr.
· Miller said he didn't recall, saying that but that the dog did come in 'and
play on the grounds. :, ~.
Mrs. Ethel Adam, 280 Salem Street saS& that she saw the dog four or, five times on
her property but he caused no trouble. She said she never saw the dog. in
the garden, on~,y a cow. ,o .' ..'
Mrs.'Carolyn, Ingram of~Marbleridge Road stated that she had seen the dog four
or five times each week and'that she was a~raid of the dog becuaaeof, his size
not ~ecause ofhis being vicious. She said that she has fou~pre-school
children and they'play withhimand he is very gentle with them; She. said they
have holes in' their lawnand these may bemused by their own dog.
June Ingram said she was familiar with Mi~e and,he had taken her hand in'his
~outh and be'was never vicious, never barks excessively and, never dashes 'into
the road.'
Fred Townsend said he is familiar with the dog who~ playful and at one time
whanMike was playing with his dog, Mike got hold of him instead of his dog but
that he did'not bite him. He said he saw him every dayuntilhe .was..tiedup.
Mrs. Thompson of Appleton stated that she has four children and the 'dog comes
to her home and the children .play with him and they have no.fearof~.him at
Mrs.' Josephine LeClerc said she inquired who owned the dog and the do~ came
to the house and got acquainted:~th the children and they have agardan but
are glad to have the.dog around,as'he keeps the woodchucks away.
Olga Moody, 100 Marbleridge Road stated that she saw the dog everyday for the
past two months and he is very playful,
Mrs. Vielgolaski then stated that she had talked about the hen~.being .killed and had
offered to t ay for damage. She said Mike was two years old and is not vicious.
She said she did nottell Mr. Wilcox to throw sticks attha dog. She said the
dog is a large Great Dane and is timid. She was surprised the first time she
knew about Mikebotharing anyone.' He is a playful pup.
Mr. Viclgolaski said he was a sick man ami been bothered about this matter.
4:';I 9
NOVEMBER l, 1948-continued
He also'said the dog was playful and that he was not vicious. He said they
have more neighbors than Mr. Wilcox and none of them :omplained. He said the
garden of Mr. Wilcox is a dump and any dog from the city would come there and
dig. Had he come to me I would have mede it right with him ~ut I am sick
hacause of this. He then told Mr. Wilcox that if he shot his~dog, he wanted to
go on record as saying "Go ahead.".
Mr. Vielgolaski said he had lived here fiveyears.
Mrs. Ingraham then said she wondered if the board would find it constructive in
making a decision and she related an instance where strangers came into the
.vicinity. and there was some commotion and Mr, Ingram asked the strangers if they
,weze frightened but they stroked his head and he madeno effort to attack any
one of~them.
~Mr~ .Salisbury then stated that he had talked with Mrs. ~hillip Taylor of 346
Salem Street and she stated that thedog had never caused her any trouble.
Mr. Thomson' inquired if a dog would have an aversion to one person and at the
same"time'~e"f~iendly to others.'
Mr.-Salisbury asked if a particular dog could take an aversio~ to one man's
cattle.; ....
Mrs. Ol~a Moody said that this was absolutel~ true and that's dog could have
an aversion t6 a person's property.
Mr. Thomson asked if she thought Mr.~Wilcox's property was of this type and she
answered'"Yes"e
· Mrs. Vielgolaski said that every time she passes Mr. Wilcox's property, she sees,
dogs'there.
Mr. Salisbury then went on to read the law end saidhe thought.he was right
in~ saying that Mr. Wilcox alleges viciousness in this dog. He said that~
distruhance to sick people by barking or other disturhancessuch as~howling or
barking would come under this statute.
He-said there is no evidence that the digging of holes was caused by this dog
.and the~svidence of the dog digging in garden is not one of ~icicusness.:
He, said ther6is no evidence~of barking or viciousness, Two weeks ago ~there was
no~complaint about cows being bitten and I think Mr. Miller made it~clear
about fha dog playing with the cows..
~There ar~ twa elements of evidence, Dog'nipped a horse but a dog of ~his size
would certainly do more than he did.
;~ The evidence of Mr. Wilcox's hands..~f.dogwere'vimi~us he might take an, arm off.
The doctor's bill would runmuch higher.
· Upon ~ither~case, the burden has not'haan met. There is the routing of the gardenl
and th~"~h'iting of the horse~,~and and cows. -
· -. :;~N~ighbors ggree mn one point and that.is that thedog 'is not ~vicious~ hut the~
- allow, y~U'~ 'children. to play_with him at' will.~ A1 neighhb~ss:.have children and
and this ,should be most pe~rsuasive to you.: Yt.seems to indicate thatMr..Wilcox'
complaint is not founded.
The dog is completely unfriendly with Mr; Wilcox, he 'likes gardens.and, cows'an~
the borse'~bite was not serious enought for a Veterinary to Becalled'in. The
~ dog never'got near enough to'do any real harm;' I think it,
that Mr. ,Wilcox has evidenced that hamade his:ccmpla~n~ b~c.uase of dollars.and
cents and th~ court will See that he gets paid,for losses.
,I::ask' that t_his board rule this complaint out, .
i~:Mr~. W~l~ox, Mr. Salisbury said tha~ I Was fortunate in not having m~ hand off
,~',.4 fromm, this dog,bite. ~I would Just like, to, sa~ that ii had a sweater and a dehim ·
'~,,~.,~jacke$: on and' it was these heavy sIeeves that saved my arm.
'~;,Meeting wa~ 'then adjourned.·
?~h~?Selectmen met withMr. Salisbury and Mr. O~f~ s~ted tha% he, could see
· ~i!,n0t~ing .but~c0mpl~te dismissal of t~e case. One. men says the dogis vicious and:
'-ten people Sayhe is not. The dum~ feature '~isan absolute and~as always b~en.
~ We.were lead to believe that the dog was'attacking.p@op~epromiscuously but
/ (~.thereis noevidence. I can hardly conceive how all neighbors can come down
~hare~and.~testi~jasto, the dog'~ good nature unlessthe~aretelling~he truth
'Mr~ Wilcox.hhs'notprcved his case., ~t is an absolute.truth that dogsdig in
:~;.dUmps bu~ there has not been enough evidence to say that the dog is a nuisance.i;'~:
Mr. Thomson 'said there were four different situations On which we might act. ~'11
agree that all persons stated that the dog is not vicious. N o bna denied that
these things did happen. ~f-this is so, it ispossible that more serious things,
~'might~happen. Preeumably we~helieve both and verifind, that a dog may well have
· vicfous disposition' and something more serious may.happen. We may have a
that this dog is a disturbance., I am full~ aware that thes~ people testified
truthfully but the person was'found to have heenbitten and treated by a do6tor.
Mr. 0offin stated that the allegations were minimized to almost negative, I find
that'a friendly dog will always put his teeth in your handbut there is no mis~
in knowing~how friendly he is.
Mr~ Thomsonsaid there was no rebuttal on the clothing Mr.. Wilcox had on at the
time he was bitten.
Mr. 0offin said that if this dog is restrained, the natural enjoyment he gets
will disappear and he will naturally get sulky and vicious.
Mr. Thomson stated that it leaves the matter of restraining dog or discharging
complaint.
420
NOVF.~ER 1, 19&8- continued
Mr. Finneran asked if the board could allow the dog to run for a probationary
period and see what happens.
Mr. Thomson said the matter could he held over for six m~nths and see ~hat
happens.
Mr. Coffin made emotion that the complaiht be dismissed.
There was no second to the motion and mo~ion was declared lostl
Mr. Finneranmade a motion that we take this under advisement for a period
of sixty days before making a decision. Mr. Finneran said he wculdn0t.like
to feel that something might happen'if we restrain the dog.
Mr. Thomson said' that if'the complaint is dismissed we would have to-act on
a new complaint.
Mr. Thomson then seconded the motion of Mr. Finneran that the decision, of
theVielgolaski'Dog Hearing he postponed for a period of sixty days"orUntil
January 3, 1949. This was a majority vote, Mr. Coffin not voting.
Notice will'be sent to Mr. Salisbury, Mr. Wilcox and Mrs. Vielgolaski
that upon conclusion of the hearing on the'complaint of Charles Wilcox with
respec~ ~0 a dog owned by Mrs. Eva Vielgolask% there is entered upon th~
selectmen's record that Decision is postponed until January 3, 1949;
BOARD OF HEALTH:
The Board voted to send cards to local restaursnt owners recommending that
they attend the meeting to be held on .November 9, 1948 in the. CourtRoom,
under the sponsorship of the Board of Health end Local License Board.
NOV~B~R 8,~.948~" '
The 'regular weekly meeting of.the Board of Selectmen was. held at 7:00 P.M.
with all members present. Weekly bills and payrolls were approved;
AMERICAN LEGION: ........
An. invitation was received by ~the Board inviting them to participate ,in-the
annual Armistice Day parade a~d exercises. The board voted to accept the
invitation with thanks-and to notify Mr. Harris that the board will, make
an effort to take part in the exercises.
RESERVE FUND TRANSFER:
Approval was received from the Advisory, Board on the transfer of $30;00 from
the Reserve Fund to the Salectmen's Expenses appropriation, as of Oct. 2~,1948.
PETITION OF LAWRENCE GAS &ELECTRIC. CO.':& NEW ENGLADN TEL. & TEL.GO;:
A petition and' two copies of plan 16 ~overing 1 proposed Joint pole on Railroad
Avenue, opposite southwest corner of Margate Street-was received an~'a~.haaring
set for November 33, 1948at 7:30 P.M.
JUROR DRAWN:
Joseph Finnaran ~reW' the name of' Walter Curren, 146 Railroad Avenue~'~North
Andover, Carpenter, to-servs-as'a juror at Salem ¢surt, 'for civil business
on December 6, 1948. ' -~
ROLLING RIDGE COMMISSION:.
Mt. Coffin informed the board~that Rev. Ralph York, Executive Director< of...Rolling
'.'Ridge' commission had requested permission to erect 'five. signs, two feet by two
and one ~half feet long at the followinglocations: Center Square; Great Pond Road
and Pleasant Street; Marblaridge Road and Great. Pond Road; Pleasanti~'Strset and ·
Chickeri~g Roa~.~ A mo~ion was· made authorizing the Rolling Ridge ~om'mission
to 'erect signs at de§ignat~d 2~cations providing this permission applies only
to town owned' land. Vote' was"unanimous. ~
MASS. RECESS. C0~ISSION .ON WATI~' SUPPLY: ,. -
Notice of a public hearing to discuss the proposal under study, by this 'commission
with water supply administrators and other local public officials will ,heiheld
Tuesday, November 9, ~t 11:00 ']LM, at Stat? House, Boston.. William B.'Duffy
will attend, . · -
DEPARTMENT OF PUBLIC WORKS:
Notice received that the Commissioners approve as of October .15, 1948 the' work
done by North Andover under the provisions of Section 34, Ohapter 90 :of the
General Laws, in the maintenance of Chapter 90 roads 'under contract 11135,
dated October 5, 1948.
NEW TEERMOSTAT:
The Board agreed to request Fred Leach to install a thermostati~ntha Selebtmen's
Office to see if the heat can be regulatedmore evenly.
NOVEMBER 1, 1948-continued
He also said the dog was playful and that he was not vicious. He said they
have more neighbors than Mr. Wilcox and none of them complained, He said the
garden of Mr, Wilcox is a dump and any dog from the city would come there and
dig. Had he come to me r would have made it right with him but I am sick
because of this. He then told Mr. Wilcox that if he shot his dog, he wanted to
go on record as saying "Go ahead.".
Mr. Vielgolaski said he had lived here five years.
Mrs. ~ngraham then said she wondered if the board would find it constructive in
making a decision and she related an instance where strangers came into the
vicinity and there was some commotion and Mr. Ingram asked the strangers if they
weze frightened but they stroked his head and he made no effort to attack any
one of. them.
Mr. Salisbury then stated that he had talked with Mrs. Hhillip Taylor of 346
Salem Street and she stated that the dog had never caused her any trouble.
Mr. Thomson inquired if a dog would have an aversion to one person and at the
same time"~a friendly to others.
Mr. Salisbury asked if a particular dog could take an aversion to one man's
cattle.
Mrs. Ol~a Moody said that this was absolutely true and that a dog could have
an aversion ~o a person's property.
Mr, Thomson asked if she thought Mr. Wilcox' s property was of this type and she
answered "¥eS"e
Mrs. Vielgolaskt said that every time she passes Mr. Wilcox's property, she sees
dogs' there.
Mr. Salisbury then went on to read the law and said he thought he was right
in. saying that Mr. Wilcox alleges viciousness in this dog. He said that
distrubance to sick people by barking or other disturbances such as howling or
barking would come under this statute.
He said there is no evidence that the digging of holes was caused hy this dog
and the evidence of the dog digging in garden is not one cf ~iciousness.~
He said there' is no evidence of harking or viciousness, Two weeks ago there was
no complaint about cows being bitten and I think Mr. Miller zade it clear
about .the dog playing with the cows. -
There are~ two elements of evidence, Dog nipped a horse but a dog of this size
would certainly do more than he did.
The evidence of Mr. Wilcox's hands. ~f dog were vicious he might take an arm off.
The doctor's bill would run much higher.
Upon either case, the burden has not been met. T~ere is the routing of the garden
and th~ 'biting of the horse,~and and cows.
Neighbors' ~gree an one point and that. is that the dog is not vicious but they
allow,young'children to play with him at will. Ail neighbbzss.have children and
and this should be most p~rsuasive t~ you,. ~t seems to indicate that Mr. Wilcox's
complaint is not founded.
The dog is completely unfriendly with Mr. Wilcox, he likes gardens .and cows and
the horse bite was not serious enought for a Veterinary to be called in. The
dog. never got near enough to do any real harm;' ~ think it fair comment to make
that Mr. Wilcox has evidenced that he made his compla[.nt becuase of dollars and
cents and the court will see that he gets paid for losses.
~ ask that this board rule this complaint out..
Mr. Wilcox, - Mr. Salisbury said that ~ was, fortunate in not having my hand off
fromm, this dog bite. ~ would Just like to say that I had a sweater and a denim
,..~ Jacket on and it was these heavy sleeves' that saved my arm.
Meeting was then adjourned.
The Selectmen met with Mr. Salisbury and Mr. Coffin stated that he could see
,nothing but complete dismissal of the case. One man says the dog is' Vicious and
ten people say he is not. The dump feature 'is an absolute and~ has always been.
We were lead to believe that the dog was attacking p_eop.2~epromiscuously but
there is no evidence. I can hardly conceive how all neighbors can come down
here and testify as. to the dog's good nature unless they are telling 'the truth.
Mr. Wilcox has not proved his case. Tt is an absolute truth that dogs dig in
.dumps but there has not been enough evidence to say that the dog is a nuisance.
Mr. Thomson said there were four different situations on which we might act.
agree that all persons stated that the dog is not vicious. No one denied that
these things did happen. If this is so, it is possible that more serious things
might happen. Presumably we believe both and verified, that a dog may well have
a vicious disposition and something more serious may happen. We may have a
.that this dog is a disturbance. ~ am fully aware that these people testified
truthfully but the person was found to have been bitten and ~reated by a doctor.
Mr. Coffin stated that the allegations were minimized to almost negative. ~ find
that' a friendly dog will always, put his teeth in your hand but there is no
in knowing how friendly he is.
Mr. Thomson said there was no rebuttal on the clothing ~tr. Wilcox had on at the
time he was bitten.
Mr. Coffin said that if this dog is restrained, the natural enjoyment he gets
will disappear and he will naturally get sulky and vicious.
Mr. Thomson stated that it leaves the matter cf restraining dog or discharging