262 ESSENTIALS OF VETERINARY LAW 
no right to be on the sidewalk.4* 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 barn 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 barn. 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.*7 
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. R. A. (N. S.) 1092. 
48 Keybolte v. Buffon (Ohio), Affirmed on rehearing, 72 Wash. 
105 N. E. 192. 482, 133 Pac. 594, 44 L. R. A. 
47 Farrar v. Andrew Peterson (N. 8S.) 1094. 
