624 LEGAL DEPARTMENT. 



In relation to injuries of persons or property by domestic animals, the 

 following propositions are sustained by the courts of Ontario : — 



The owners of domestic animals are generally not liable for the inju- 

 ries they may do to property or persons of others, so long as they are 

 rightfully in the place where it is alleged that the injury or mischief was 

 done, unless it be shown that the particular animal doing the injury was 

 vicious and was accustomed to do, or had an inclination to do, the mis- 

 chief complained of, and that these facts were known to the owner 

 of the animal before the injury occurred. It is not absolutely necessary to 

 prove actual or positive knowledge on the part of the owner in order to 

 establish liability, but if the owner has seen or heard facts relating to the 

 viciousness of the animal which would ordinarily satisfy a man of pru- 

 dence and caution, that the animal was liable to do mischief of the char- 

 acter complained of, it would place him under obligation to secure the 

 animal in such a manner as to prevent the injury, and he would be lia- 

 ble if he did not so secure it. 



The rule is different with reference to \'icious wild animals which 

 have been tamed, such as lions, tigers, and the like, for he who keeps 

 them is liable without notice, on the ground that such animals are fierce 

 and dangerous by nature. 



The owner or keeper of animals viciously disposed or of mischievous 

 habits, of which the owner had previous actual or implied notice, is bound 

 at his peril to keep them at all times, and in all cases, properly secured, 

 and is responsible to any one who, without fault on his part, is injured 

 by them. 



At common law the rule is that every man is bound to keep his ani- 

 mals within his inclosure at his peril, and that he is liable in damages if 

 he fails to do so, and they escape to the property of others and do in- 

 jury, whether such property be fenced or not ; unless the trespass is com- 

 mitted upon property through defects in fences which the owner of such 

 property is bound to maintain. 



Every unauthorized entry by animals upon the land of another is a 

 trespass, whether the land be inclosed or not. 



If domestic animals are wrongfully in the place where they do mischief, 

 the owner is liable, though he had no notice that they were accustomed 

 to do so before. As where oxen break the plaintiff's close and kill his 

 cow, the owner of the oxen will be liable to damages, without proof that 

 he knew they were accustomed to gore. 



