SCIENTER. 399 



With regard to the knowledge of a servant in charge of an 

 animal the rule has been stated as follows: "It is important 

 to notice that in some cases and under certain circumstances 

 the knowledge of a servant, although not communicated to 

 his master, may be equivalent to the knowledge of the master. 

 The test in such a case would appear to be whether the serv- 

 ant in question was in such a position with regard to the cus- 

 tody of the animal or the control of the premises in which the 

 animal was kept, as to render it natural and proper that com- 

 plaint should be made to him of acts of viciousness and to 

 make it his duty to report the same to his master." ^'^ 



Therefore where a person was bitten by a dog on the 

 premises of a corporation, and the dog had previously 

 bitten a person within the knowledge of some of the 

 servants who had no control over the affairs of the corpora- 

 tion, or over the animal, it was held that the defendants were 

 not liable, there being no evidence of their knowledge of the 

 dog's character.^^* 



It is otherwise where the servant has been put in charge 

 of the premises or of the animal : in that case his knowledge 

 is imputable to the master.^^^ And notice to one of several 

 joint keepers is notice to all.-'^® 



In some instances the proof of scienter on the part of the 

 owner has been dispensed with by statute.^'^ This is fre- 

 quently the case in the interest of the farming community 



"' Garrett Nuisances 158. 



"* Stiles V. Cardiff Steam Navig. Co., 33 L- J- Q- B. 310. And see Har- 

 ris V. Fisher, 115 N. C. 318; Twigg v. Ryland, 62 Md. 380; Friedmann 

 V. McGowan (Del.), 42 Atl. Rep. 723; Colget v. Norrish, 2 Times L. 

 Rep. 471. 



'"Bardwin v. Casella, L. R. 7 Ex. 325; Applebee v. Percy, L. R. 9 

 C. P. 647; Corliss V. Smith, S3 Vt. 532; McGarry v. N. Y. & H. R. Co., 

 60 N. Y. Super. Ct. 367; Keenan v. Gutta Percha, etc., Mfg. Co., 46 Hun 

 (N. Y.) 544; Byrne v. Morel (Ky.), 49 S. W. Rep. 193; Brown v. Green 

 (Del.), 42 Atl. Rep; 991. 



"' Hayes v. Smith, 8 O. C. D. 92. 



'" See Pressey v. Wirth, 3 Allen (Mass.) 191 ; Gries v. Zeck, 24 O. St. 



