Couple lose claim over runaway pet collie put down by council
A COUPLE who suffered upset and distress when their pet collie dog was humanely destroyed by a local authority lost their claim for ?38,000.
They had sued South Dublin County Council and it came before Dublin's Circuit Civil Court yesterday.
Patrick Kane, of Arthur Griffith Park, Lucan, Co Dublin, told the Circuit Civil Court he and his wife, Nicola, had been given a seven-weeks-old Wicklow collie as a gift at Christmas 1994 and had called him 'Bandit'.
On August 10, 2000, Bandit lived up to his name and went walkies. Mr Kane told John Doherty, counsel for the local authority, he had been tidying up his back garden and had accidentally left the back gate open.
Bandit, who had always been walked on his lead, had decided to investigate things on his own. Mr Kane spent five fruitless hours searching for the dog and the next morning reported him missing to the dog pound. He also checked if he had been left in, but he was not. Mr Kane said he continued his search, phoning the pound several times a day. Eventually they had told him not to ring them, that they would ring him. Almost two weeks later he heard Bandit had been taken to the pound only hours after he had been there on August 11.
On August 24 he had gone to the pound and had discovered that Bandit had been put down. He said the news had caused him great upset and distress.
Staff at the pound told the court that Mr Kane had reported a black and white collie missing. The dog which had been handed in to the pound had been black and white with tan colouring. He had been kept for seven days before being put to sleep.
Circuit Court President, Mr Justice Matthew Deery, said that somehow on his walkabout Bandit had lost his collar and a tag with his name and address on it. He said Mr Kane had sued the council on the grounds of negligence which he had failed to prove.
Judge Deery said he felt Mr Kane could have visited the pound between August 11 and 24, when he heard of his death, to check out whether or not he was there. He dismissed Mr Kane's claim.