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APPENDICES. 
in the first place on the plaintiff who avers it. It might be other- 
wise if injury by a tiger or bear were concerned. 
I agree with the Lower Courts in thinking that it is not proved 
that the defendant knew that the elephant Kya Gyi " was of a 
vicious disposition. It was not therefore incumbent on her to take 
more than ordinary precautions with him. It does not seem to be 
shown that ordinary precautions were neglected. It is alleged that 
Kya Gyi " twice gored the deceased elephant Do,'' and the mahout 
called by the plaintiff declares that he had neither bell nor fetters. 
On the other hand, as pointed out in the judgment of the Court of 
First Instance, the plaintiff himself admitted that Kya Gyi " had a 
bell and fetter on the second occasion. It is admitted that all the 
other elephants of the defendant had bells and fetters ; there is direct 
evidence, at least as good as that for the plaintiff, that Kya Gyi 
was properly provided with them. In my opinion it has not been 
proved that there was any negligence on the part of the defendant and 
any prima facie case made out by the plaintiff has been rebutted. I 
therefore hold that the Lower Courts have rightly decided that the 
defendants are not liable ; and I dismiss this appeal with costs. [See 
Part I, page 51.) 
Appendix B. — Operations. 
In performing an operation such as opening an abscess on the 
back or treating a sore back in a troublesome elephant, it is a com- 
mon practice, to obviate the necessity for securing him, to take the 
animal into deep water where he is obliged to swim. Once off his 
legs he is kept busy swimming and cannot hurt anyone on his back. 
Taking an animal up to his girth in mud, slush or swamp answers 
equally well. It is desirable to have neck, girth and side ropes 
in order to retain one's seat in case the animal should try to shake 
the rider off before or on entering the water. {See Part I, 
page 54-) 
Appendix C. — Age. 
To form an approximate estimate of the age of an elephant 
constant association and practice are requisite. 
As already stated there cannot be much doubt about the age of 
young animals, the general appearance, muscular development, 
smooth well-formed nails, height, size of ivory, if any, state of the 
ears that is straight edged and freedom from tears, etc. 
