WILD AND DANGEROUS ANIMALS. 379 



kept for some purpose recognized as not censurable, all we 

 can demand of the keeper is that he shall take that superior 

 precaution to prevent their doing mischief which their pro- 

 pensities in that direction justly demand of him/' 



93. Negligence and Contributory Negligence Although, 



where the animal is known by the owner or keeper to be dan- 

 gerous, it is not necessary to aver or prove negligence in 

 its keeping,^ ^ such negligence is, notwithstanding, frequently 

 a ground of liability, whether the owner has or has not a 

 knowledge of any propensity to do the kind of injury com- 

 plained of. For instance, where the defendant's two grey- 

 hounds, coupled together, rushed against the plaintiff on a 

 highway, knocked him down and broke his leg, it was held 

 that the defendant was guilty of negligence though there was 

 no evidence of scienter. "The negligence alleged is not in al- 

 lowing dogs to be on the highway without restraint but in the 

 fact that these greyhounds coupled together were there with- 

 out being led or guided." ^"^ And where the defendant, seeing 

 a cat running past in a public street, called to a dog beside him 

 to "seize it" and the dog, accordingly, gave chase and, while 

 doing so, knocked down and injured a child, it was held that 

 the defendant in setting a dog to chase a cat through the 

 street acted negligently and without due care for the passers- 

 by and was liable in damages.^* So, one who takes a dog 

 into a tram-car accepts an additional liability for any damage 

 it may occasion while in the car and it is not necessary to 

 prove a propensity on its part to do injury. Damages were, 

 accordingly, awarded to a passenger whose dress was de- 

 stroyed by a dog while it sat unsecured under the seat of the 

 car." 



If an injury is caused by ihe ordinary propensity of an ani- 



" See § 94, infra. 



" Jones V. Owen, 24 L. T. N. S. 587. 



" Brogan v. Worton, 78 Sc. L. Rev. (Sher. Ct. Rep.) 162. 



" Thomson v. Cartmell, 10 Sc. L. Rev. (Sher. Ct. Rep.) 179- 



