262 ESSENTIALS OF VETERINARY LAW 



no right to be on the sidewalk.*^ But evidence 

 that a dog had previously bitten a person is inad- 

 missible unless the claim be made that the dog is 

 vicious.^^ 



Plaintiff rented a bam to a construction com- 

 pany for the accommodation of horses injured, or 

 sick on the job. One horse so housed was afflicted 

 with glanders, and the authorities ordered the de- 

 struction of the bam. Plaintiff sued the company 

 for the loss of the barn; but it was held that in 

 the absence of evidence of previous knowledge by 

 the company that the horse had that disease, their 

 act did not constitute a trespass, and the defend- 

 ant company was not liable for the loss of the 

 barn.^''^ 



212. Obligation to Restrain Animals. In order 

 to get a clear idea of the relative rights of land 

 holders and the owners of animals it is necessary 

 to remember two fundamental common law prin- 

 ciples. It is the duty of the owner of animals, 

 and this is included in the basis of his owner- 

 ship, to restrain his own animals. That means 

 ordinarily that he must keep them within his own 

 property by means of fences, or by tethering; and 

 that when taken upon public land they should be 

 under such general control as ordinary care would 

 demand. 



Secondly; the public highway is for the use of 

 the public generally, not only for the passage of 



45 Dix V. Sommerset Coal Co., & Co., 72 Wash. 482, 130 Pac. 



217 Mass. 146, 104 N. E. 433. 753, 44 L. B. A. (N. S.) 1092. 



40 Keybolte v. Buff on (Ohio), Affirmed on rehearing, 72 Wash. 



105 N. E. 192. 482, 133 Pac. 594, 44 L. E. A. 



47Farrar v. Andrew Peterson (N. S.) 1094. 



