swarb.co.uk - law index
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Animals - From: 1970 To: 1979
This page lists 1 cases, and was prepared on 02 April 2018.
Cummings v Grainger [1977] QB 397
1977
CA
Lord Denning MR, Ormrod and Bridge LJJ
Animals, Personal Injury
An untrained Alsatian dog was turned loose in a scrap-yard to deter intruders. The dog seriously injured the plaintiff who had entered the yard. Held: The requirements of section 2(2) were satisfied but the defendant was entitled to rely upon the trespasser defence provided by section 5. The dog had characteristics not normally found in Alsatian dogs except in circumstances where they are used as guard dogs. These were 'particular circumstances' within section 2(2)(b). Such an animal is behaving dangerously but it is doing so in a manner characteristic of its species in the circumstances.
Lord Denning MR: "This is a case of a barmaid who was badly bitten by a big dog"
Animals Act 1971 2 5
1 Citers
