CHAPTER II. 



FEROCIOUS AND VICIOUS ANIMALS. 



It is laid down that " there is a difference between things WM and 

 ferce natures, as lions, bears, &c., which a man must always *^"i^ animals. 

 keep up at his peril, and beasts that are mansuetce natures, 

 and break through the tameness of their nature, such as 

 oxen and horses " {a). 



Thus in the case of Besozziv. Harris [h), the defendant As to animals 

 was owner of a bear, which he left fastened by a chain six Z"™ natures 



~ , T , p 1 • • ■! 1 i only, scienter 



leet long, on a part oi his premises accessible to persons unnecessary, 

 frequenting his house. The plaintiff walking past his 

 house was seized by the bear, and injured. An action 

 being brought for damages for this injury, it appeared at 

 the trial that there was no notice or caution, written or 

 verbal, to those visiting the premises, but the bear was 

 proved to have been always tame and docile in its habits 

 up to the time of this attack being made on the plaintiff. 

 The evidence was contradictory as to the plaintiff's know- 

 ledge of the bear being there. Mr. Justice Crowder thus 

 laid down the law to the jury, " The statement in the 

 declaration, that the defendant knew the bear to be of a 

 fierce nature, must be taken to be proved, as every one 

 must know that such animals as lions and bears are of a 

 savage nature. For though such nature may sleep for a 

 time, this case shows that it may wake up at any time. 

 . A person who keeps such an animal is bound so to keep it 

 that it shall do no damage. If it be insufficiently kept, or 

 so kept that a person passing is not sufficiently protected, 

 the owner is liable. If the plaintiff, with knowledge that 

 the bear was there, put herself into a position to receive 

 the injury, she could not recover. But, assuming such 

 knowledge, it is for you to say, whether she had such notice 

 of the proximity of the bear as would amount to negligence 

 disentitling her to recover." The jury found for the 

 plaintiff. 



[a) Eex V. Muggins, 2 Ld. Eaym. (i) Besozii v. Harris, 1 F. & F. 



1583. 92. 



