EVIDENCE. 405 



A dog may be brought into court and shown to the jury 

 so that they may judge of its disposition."* 



Where a horse that was being led swerved to- the sidewalk 

 and kicked the plaintiff, it was held proper to receive in evi- 

 dence a village ordinance forbidding anyone to lead a horse 

 on a sidewalk. ^*^ 



96. liability of Owner or Keeper; Joint and Several Liability 



As a general rule, the person liable for an injury committed 

 by an animal is the owner or, if the animal is not in his possess- 

 ion, its harborer or keeper. That one who knowingly harbors 

 a vicious animal is responsible for its actions, whether he is the 

 owner or not, is well established in all the cases. ^** Espe- 

 cially is this so where such keeping is without the consent or 

 authority of the real owner ;^*'^ and, conversely, a keeper in his 

 own wrong cannot bring an action against the owner.*** 



With regard to who is a "keeper," it has been said : "The 

 party who shall be held responsible for an injury committed 

 by a dog must be — not one who harbors a dog and permits 

 it to remain temporarily upon his premises . . . : he must be 

 in a dififerent sense the keeper of the dog; — and ... he only 

 is liable who, 'having the possession and control of a house 

 or premises, sufifers and permits a dog to be kept on the prem- 

 ises in the way such domestic animals are usually kept — as 

 a member of the family, so to speak.' " *** So in another case 

 it is said : "A man may own a dog and yet not be his keeper. 



"* Line v. Taylor, 3 F. & F. 731. 



'" Grinnell v. Taylor, 85 Hun (N. Y.) 85. 



"° M'Kone v. Wood, 5 C. & P. i; Frammell v. Little, 16 Ind. 251; Wil- 

 kinson V. Parrott, 32 Cal. 102; Bundschuh v. Mayer, 81 Hun (N. Y.) in; 

 Keenan v. Gutta Percha, etc., Manufg. Co., 46 id. 544; Hornbein v. 

 Blanchard, 4 Colo. App. 92; Marsel v. Bowman, 62 la. 57. 



"' Mitchell V. Chase, 87 Me. 172. 



'" Burnham v. Strother, 66 Mich. 519. 



"° Cumraings v. Riley, 52 N. H. 368. And see O'Hara v. Miller, 64 

 la. 462; Shultz V. Griffith, 103 id. 150; O'Donnell v. Pollock, 170 Mass. 

 441; Boylen v. Everett (Mass.), 52 N. E. Rep. S4i; Plummer v. Ricker 

 (Vt.), 41 Atl. Rep. 104s; Fitzgerald v. Brophy, I Pa. Co. Ct. 142. 



