Animals - 1930- 1959

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This page lists 5 cases, and was prepared on 15 November 2008.

Cutler -v- United Dairies [1933] 2 KB 297; [1933] 102 LJKB 663; [1933] LT 436
1933 CA Scrutton LJ, Slesser LJ	Negligence, Animals	Casemap 1 Citers
	A horse pulling one of the defendant's vans was seen running loose without a driver. It left the roadway onto private land. The driver caught up and called for help. The plaintiff jumped into the field and was injured trying to restrain the horse. There was evidence that the horse had bolted twice before. Held: Any negligence of the defendants did not contribute to the accident. The plaintiff's actions amounted to a novus actus interveniens, and since he must have expected to run a risk of injury, they also allowed the defence of volentia no fit injuria.

Haynes -v- Harwood [1935] 1 KB 146
1935 CA Greer LJ	Negligence, Animals	1 Citers
	The plaintiff, a policemen saw a horse running loose in the street among children. He ran out, chased it and caught it but was injured. Held: The horseowner was liable. It was foreseeable that if a horse was let loose in a crowd, somebody, particularly a policeman under a general duty to assist, would attempt to capture it and might be injured in the process. The defendant could not raise a plea of volenti non fit injuria in this case. Greer LJ: "It is not necessary to show that this particular accident and this particular damage were probable; it is sufficient if the accident is of a class that might well be anticipated as one of the reasonable and probable results of a wrongful act"

Searle -v- Wallbank [1947] AC 341
1947 HL	Animals, Negligence	Casemap 1 Citers
	There existed an ancient common law immunity in respect of animals straying onto a public highway.

Cresswell -v- Sirl [1948] 1 KB 241
1948 CA Scott LJ	Torts - Other, Animals	Casemap 1 Cites 1 Citers
	The defendant shot and killed the plaintiff's dog. The plaintiff claimed damages for trespass to property, the property being the dog. The defence was that the defendant was justified in killing the dog because it was threatening his sheep. Held: The principle enunciated in Cope was of general application to all justifications for all acts of trespass.

Pearson -v- Coleman Bros [1948] 2 All ER 274
1948	Animals
	A child, visiting the circus, left the tent to relieve herself. She passed the lions' runway, where she was mauled. She sought damages for personal injury. Held: The only people invited into that enclosure were those who came through the proper entrance. However, having entered the circus as an invitee, and there being no proper facilities, it was foreseeable that a child would not take heed of the warnings, and for this purpose she was an invitee. The circus was liable in negligence.