swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Animals - From: 1849 To: 1899
This page lists 4 cases, and was prepared on 02 April 2018.
Besozzi v Harris (1858) 1 F and F 92
1858
Animals
The court considered the owner's liability for injury caused by a bear on a chain on the defendant's premises.
1 Citers
Ellis v Loftus Iron Co (1874) LR 10 CP 10
1874
Lord Coleridge CJ
Torts - Other, Torts - Other, Nuisance, Animals, Agriculture, Land
The pasturing of cattle must be one of the most ordinary uses of land, and strict liability for damage done by cattle enclosed on one man's land if they escape thence into the land of another, is one of the most ancient propositions of our law. It is in fact a case of pure trespass to property, and thus constitutes a wrong without any question of negligence.
Lord Coleridge CJ said: "It is clear that, in determining the question of trespass or no trespass, the court cannot measure the amount of the alleged trespass; if the defendant places a part of his foot on the plaintiff's land unlawfully, it is in law as much a trespass as if he had walked half a mile on it."
1 Citers
Jeanneret v Bailey [1889] UKPC 26
14 May 1889
PC
Torts - Other, Animals
(New South Wales)
[ Bailii ]
Haigh v West; CA 1893 - [1893] 2 QB 19
