TITLE III. 

 RIGHTS OF OWNERS OF ANIMALS. 



CHAPTER I. 



INJURING AND KILLING ANIMALS. 



41. General liability. 47. Accidental injuries to animals 



42. Proximate cause and probable trespassing or running at 



consequence. large. 



43. Dogs attacking persons or 48. Injuries from barbed-wire 



animals. fences. 



44. Other attacking animals. 49. Insurance on live-stock. 



45. Injuries inflicted on trespass- 50- Measure of damages; evidence 



ing animals. of value. 



46. Unlicensed and dangerous ani- 



mals; police power. 



41. General Liability — It is proposed under the present title 

 to treat of the various rights of owners of animals to the pos- 

 session and use of their property. In this chapter we shall 

 consider the civil remedies against those who injure or kill 

 animals. The criminal liabilities arising under statutes pun- 

 ising cruelty and malicious mischief will be discussed here- 

 after.i 



To ground an action it is not necessary that an animal 

 should be actually injured. Thus, an action lies for frighten- 

 ing wild fowl from a decoy by firing a gun.^ At the same 

 time one whose game is enticed away from his land by a 

 neighbor is also liable to an action for exploding combusti- 



' See Title VI, Ch. I, infra. 



^ Carrington v. Taylor, II East. 571; Keeble v. Hickeringill, Ibid. 574 n. 



119 



