Brett J explained the distinction between animals by their nature dangerous, and animals where the particular one was, in these terms: ‘A distinction has always been taken between animals which are by nature fierce and untameable, such as tigers and others ferae naturae, and those which are not in their general nature ferocious. If a man keeps an animal of the former class, and another is injured, the owner of the animal is liable without any evidence of a scienter; but, where the animal belongs to a class which is not habitually ferocious, it is necessary to shew that its owner has notice that it has on former occasions shewn symptoms of a disposition to bite mankind.’
Judges:
Brett J
Citations:
(1874) 9 LR CP 647
Jurisdiction:
England and Wales
Animals
Updated: 18 May 2022; Ref: scu.616608