Animals - 1849- 1899

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This page lists 2 cases, and was prepared on 04 January 2012.

Besozzi -v- Harris (1858) 1 F and F 92
1858	Animals	Casemap 1 Citers
	The court considered the owner's liability for injury caused by a bear on a chain on the defendant's premises.

Haigh -v- West [1893] 2 QB 19
1893 CA Lindley LJ	Land, Animals	1 Citers
	The court was asked about rights of pasturage granted over a public highway. The neighbouring land owner, and Lord of the Manor, claimed damages from the tenant for trespass in pasturing his sheep on the road. There was no evidence in whom the soil of the road vested. Held: It was to be presumed that the road vested in the church wardens as trustees or alternatively, and to the extent that was not correct, that they had acquired a title by adverse possession. The highway had originally all been grass but for the 20 years prior to the start of the claim, it had been metalled in the middle with grass at the sides. It was the grass at the sides which was used by the tenants of the church wardens for pasturing sheep. Lindley LJ said: "apart from all presumptions the parish have in our opinion gained a title to these parish lanes by the Statute of Limitations. The vestry have by their tenants occupied and enjoyed the lanes for more than a century and this occupation and enjoyment is that of the church wardens and overseers acting through the vestry. We see no legal difficulty in the acquisition by the church wardens and overseers of a title by the Statute of Limitations, although, of course, the title so acquired must be subject to the public right of way."