( 347 ) 



CHAPTER II. 



FEROCIOUS AND VICIOUS ANIMALS. 



JFild and Tame Animals 347 



As to Animals Feroe Naturpe 

 onli/, Scienter unnecessarij . . 348 



What ought to be the Liability 

 of the Person keeping them . . id. 



The Athenian and Roman Laws . id. 



The French Code 349 



Argument in Mason v. Keeling . id. 



Decision in Scotland id. 



Reversed in House of Lords .... id. 



In England a Scienter is held 

 necessary 350 



Where a Log bites a Perso)i .... id. 



Not enough to show that the Log 

 tvas of a fierce Lisposition .. id. 



Report that Log had been bitten 

 by a Had Log id. 



Where Log had bitten a Child. . id. 



Not necessary to show that Log 

 has bitten another Man 351 



Stray Log on Lefendanf s pre- 

 mises id. 



Evidence of Scienter id. 



Lamage done by Log to Game 

 ground of Action id. 



Horse frightened by Logs, and 

 thereby damaged id. 



Where a Log ivorries Sheep .... 352 



Lictum of Mr . Justice Maule .. id. 



Evidence of mischievous Pro- 

 pensity unnecessary under 28 

 ^ 29 Vict. c. 60 id. 



" Cattle''^ includes Horses and 

 Mares id. 



Proof of Ownership 352 



Scienter may be p)roved against 



a Corporation id. 



The Logs Act, 1871 353 



Where a Horse bit some other 



Horses 354 



Breaking Horses in a Public 



Place id. 



Where a Mad Bull u-ounds a 



Person id. 



Where a Bull singled out a Per- 

 son wearing Red id. 



Where a Ram injured a Person . id. 

 Where a vicious Beast kills a 



Person id. 



Owner bound to secure a vicious 



Animal at all events 355 



He is liable to an Action for 



Lamage id. 



The Gist of the Action id. 



Not necessary to prove Negli- 

 gence id. 



An unruly Horse escaping from 



a Stable id. 



Turning a dangerous Animal 



loose, Manslaughter id. 



Turning a vicious Horse out on a 



Commofi id. 



Injury occasioned by a vicious 



Bull id. 



Shooting a Log for ivorrying 



Sheep id. 



Shooting a Log for worrying 



Fowls 356 



FEROCIOUS AND VICIOUS ANIMALS. 



It is laid down tliat "there is a difference between wild and 

 things fene natune, as Lions, Bears, &c., which a man tame animals, 

 must always keep np at his peril, and beasts that are 

 mansuetcv natnrw, and break through the tameness of their 

 nature, such as Oxen and Horses {a). 



(«) Rex V. Huggins, 2 Ld. Kaym. 1583. 



