The defendant’s cat had killed what were said to be valuable racing and homing pigeons and some bantams of the plaintiff. The plaintiff sued for damages for the loss, but was unable to prove that the defendant knew the cat to have any specially vicious propensity as compared with cats generally. He therefore argued that, although cats were to be regarded as domitae naturae in general, they should be classified as ferae naturae in relation to birds such as pigeons and bantams.
The distinction was too long and firmly settled as a matter of law for the court to qualify or modify the established classification, however well-disposed they might have been to the proposition if it had not been settled law for a very long time.
Judges:
Shearman J and Sankey J
Citations:
(1925) 134 LT 284
Jurisdiction:
England and Wales
Cited by:
Appeal from – Buckle v Holmes CA 1926
. .
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
Updated: 22 November 2022; Ref: scu.650621
