 ... a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril, and that, if it does mischief, negligence is presumed without express averment.  The New-York Legal Observer - Page 408edited by - 1846Full view - About this book
 | Isaac Fletcher Redfield - Railroad law - 1867 - 744 pages
...opinion will also point out very clearly for what matters railway compakeeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril." And Lord Hale (1 Hale's PC 430) states, that where one keeps a beast, knowing its nature is such that the... | |
 | Great Britain. Courts - Law reports, digests, etc - 1869 - 620 pages
...examination of all the authorities appears to us to be this, — that a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep...negligence is presumed, without express averment. (b) The precedents, as well as the authorities, fully warrant this conclusion." In (.'otton v. Brown,... | |
 | Law - 1871 - 530 pages
...old precedents and authorities, comes to the conclusion, that 'a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril.' And in 1 Hale's Pleas of the Crown, 430, Lord Hale states that when one keeps a beast, knowing its nature... | |
 | Law - 1901 - 510 pages
...was not the gist of the plaintiff's cause of action, saying: " A person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril." * * * This would have been sufficient, but the learned judge, evidently not contented with a strictly... | |
 | Thomas William Saunders - Liability - 1871 - 338 pages
...examination of all the authorities appears to us to be this—that a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep...negligence is presumed without express averment." There is no distinction between the case of the keeping of an animal which breaks through the ordinary... | |
 | United States. Circuit Courts, Benjamin Vaughan Abbott - Law reports, digests, etc - 1871 - 648 pages
...old precedents and authorities, comes to the conclusion that. 'a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril.' And in 1 Bale's Pleas of the Parrott v. Barney. Grown, 430, Lord HALE states that when one keeps a beast,... | |
 | India - Criminal law - 1874 - 656 pages
...examination of all the authorities appears to be this, that a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at hi» peril; and that if it doea mischief, negligence is presumed, without express averment. The negligence... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...examination of all the authorities appears to us to be this : that a person keeping a mischievous auimal, with knowledge of its propensities, is bound to keep...of Smith v. Pelah, 2 Stra. 1264, and a passage in 1 Hale's Pleas of the Crown, 430,1 put the liahility on the true ground. It may be that, if the injury... | |
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