The court was asked as to a civil action concerning the depredations of homing pigeons on crops.
Evershed LJ quoted from Holdsworth’s History of English Law about keeping a singing bird which is of value even though not in monetary terms: ‘For if I have a singing bird, though it be not pecuniarily profitable, yet it refreshes my spirits and gives me good health, which is a greater treasure than great riches. So if anyone takes it from me he does me much damage for which I shall have an action.’
Judges:
Evershed LJ
Citations:
[1948] 2 KB 31, [1948] 2 All ER 474
Jurisdiction:
England and Wales
Cited by:
Cited – Borwick Development Solutions Ltd v Clear Water Fisheries Ltd CA 1-May-2020
Only Limited Ownership of pond fish
BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or . .
Lists of cited by and citing cases may be incomplete.
Animals, Torts – Other
Updated: 22 November 2022; Ref: scu.650624