SCIENTER. 397 



him to drop a piece of coal on the plaintiff's foot, an action 

 was held maintainable, scienter being alleged.-'*'^ 



Knowledge of a particular injury committed by the animal 

 is suiificient to make the owner liable for injuries of a similar 

 kind.^"' Thus, the owner of a dog that has destroyed one 

 kind of animal is liable for its destroying another kind, when 

 he lets it run at large.^"* "If a man keeps a dog which is 

 accustomed to bite sheep, etc., and the owner knows it and 

 notwithstanding he keeps the dog still, and afterwards the dog 

 bites a horse, this shall be actionable, notwithstanding that the 

 precedents are all of the same species; because the owner, 

 after notice of the first mischief, ought to have destroyed or 

 hindered him from doing any more hurt. Now in this case 

 the fact was that the boar had bit a child before, of which the 

 defendant had notice, and afterwards he bit this mare of the 

 plaintiff's." "s 



And so, where a dog killed sheep, evidence was admitted 

 that four years before he had attacked and bitten a child to the 

 defendant's knowledge.-"*® But in another case it was said: 

 "If a dog is known to have killed one sheep — a jury would be 

 able from their knowledge of that animal to infer that he 

 would kill another, if an opportunity presented itself. If so, 

 the owner would in law be liable. But if a dog is known to 

 have bitten a man, a jury would not be apt to infer that he 



""Fraser v. Bell, 14 Rettie (Sc. Ct. Sess.) 811. 



™ Reynolds v. Hussey, 64 N. H. 64; Mann v. Weiand, 81* Pa. St. 243; 

 Cuney v. Campbell (Minn.), 78 N. W. Rep. 878; Kittredge v. Elliott, 

 16 N. H. 77; Arnold v. Norton, 25 Conn. 92; Fairchild v. Bentley, 30 

 Barb. (N. Y.) 147; Webber v. Hoag, 8 N. Y. Suppt. 76; Bauer v. Lyons, 

 23 N. Y. App. Div. 204. 



And it is no defence to show that the animal is generally inoffensive: 

 Buckley v. Leonard, 4 Den. (N. Y.) 500. 



'•* Pickering v. Orange, 2 111. 338. ^"" Jenkins v. Turner, Ld. Raym. log. 



"•Gettring v. Morgan, 5 W. R. 536. And see Woolf v. Chalker, 31 

 Conn. 121, 128, where it is said: "If a dog becomes mischievous and in- 

 clined to injure the property of others, 'his owner is bound to restrain him 

 on the first notice' and liable for any mischief he may thereafter do to 

 property of any kind." 



