Sam Bray’s very interesting “Animals, Fractions, and the Interpretive Tyranny of the Senses in the Dictionary” led me to look up the case he started with, and I thought it was entertaining enough to pass on in full; his Nashville and KR Co. (Tenn. 1902):
This is an action for damages against the railroad company for running over and killing three geese valued at $1.50. The owner of the geese lived about a mile from the railroad, but allowed them to run free, and they went onto the railroad tracks near a public crossing. The engineer blew his whistle and rang the bell for the crossing, but there is no evidence that he rang the bell or raised the alarm for the geese. It is not known whether the geese knew about this failure to whistle for them.
We believe that no recklessness or civil negligence has been demonstrated in the case, and the only question is whether the goose is an animal or an obstacle within the meaning of the law, which requires that the alarm whistle be sounded and that the brakes down and all possible means taken to stop the train and avoid an accident when an animal or obstacle appears on the tracks. It is clear that this provision is intended to protect not only animals on the tracks, but also passengers and train staff from accidents and injuries. It would not appear that a goose constituted such an obstacle as to cause the derailment of a train if hit.
True, the goose has animal life and, in the broadest sense, is an animal; but we believe that the statute does not require the stopping of trains to avoid running over birds, such as geese, chickens, ducks, pigeons, canaries, or other birds that may be kept for pleasure or profit. Birds have wings to get away quickly from dangerous places, and it is assumed that they use them (a violent presumption, perhaps, in the case of the goose, an animal that seems reluctant to lower its dignity even to escape). a passing train). But the line must be drawn somewhere, and we are of opinion that the goose is a fit bird to draw it. We do not mean to say that in cases of recklessness and negligence at common law there may be no compensation for the killing of geese, chickens, ducks or other fowl, because that case is not made.
Snakes, frogs, and fishing worms, when found on railroad tracks, are, to a certain extent, obstacles; but it was not foreseen in the statute that due to such obstacles these trains should be stopped and passengers delayed….