378 VICIOUS AND FEROCIOUS ANIMALS. 



monkey that broke his chain and got loose. 3. And there- 

 fore, in case of such a wild beast, or in case of a bull or cow 

 that doth damage, where the owner knows of it, he must 

 at his peril keep him up safe from doing hurt, for though 

 he use his diligence to keep him up, if he escape and do harm, 

 the owner is liable in damages.' ^* If this doctrine is good 

 law at this day, it must be because the keeping of wild beasts 

 accustomed to bite and worry mankind is unlawful, for if 

 the keeping of such beasts is not a wrong in itself, then no 

 wrong can come from it until some wrongful circumstance 

 intervenes : in other words until there is negligence. . . . 

 The keeping of wild animals for many purposes has come 

 to be recognized as proper and useful; they are exhibited 

 through the country with the public license and approval; 

 governments and municipal corporations expend large sums 

 in obtaining and providing for them; and the idea of legal 

 wrong in keeping and exhibiting them is never indulged. It 

 seems, therefore, safe to say that the liability of the owner or 

 keeper for any injury done by them to the person or property 

 of others must rest on the doctrine of negligence. A very 

 high degree of care is demanded of those who have them in 

 charge, but if, notwithstanding such care, they are enabled 

 to commit mischief, the case should be referred to the cate- 

 gory of accidental injuries for which a civil action will not 

 lie." " And, in a note, he adds: "As to the law respecting 

 the keeping of wild animals, we should say that the higher 

 cultivation of the intellect of the mass of the people, as com- 

 pared with two or three centuries ago, and the recognition of 

 wants in human nature then ignored, must have worked some 

 changes, and that we must take up the common law of that 

 period in this as in many other particulars more to locate ac- 

 curately otu- point of departure than to fix definitely a stake 

 to which we must tie and adhere. When wild animals are 



" I Hale P. C. 430. 



" Cooley Torts 348; approved of in 18 Am. L. Reg. 623. 



