The Irish Reports Containing Reports of Cases Argued and Determined in the Superior Courts in Ireland; Equity Series Volume 4 - Softcover

9781130468212: The Irish Reports Containing Reports of Cases Argued and Determined in the Superior Courts in Ireland; Equity Series Volume 4

Softcover

ISBN 10: 1130468216 ISBN 13: 9781130468212

Rese�a del editor

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...thereby hurt the Plaintiff; it was held that the declaration was sufficient, without showing that the Defendant negligently kept the ram. This last-mentioned case had been decided shortly after llfay v. Burdett; and Alderson, B., in giving judgment, says there is no distinction between the ease of an animal which broke through the tameness of its nature, and is fierce, and known by the owner to be so, and one which is fem: naturw. Once aver that an animal domifaa naturre is of vicious propensity, and that the owner of that vicious animal knew of that propensity, the owner, I say, is equally responsible in an action as he would be had he kept a monkey, or other animal ferw naturze, when there would be no necessity for an averment of the scienter of the vicious propensity. We are all of opinion that the counts in the Plaint are double. If you mean to recover on the scienter, there is no necessity for introducing in the same cormt an averment of negligence; and, in like manner, if you desire to declare on the negligence, you can do so in a separate count; but we will not allow you to have both causes of action in one and the same count. I concur in the judgment of the Court, that the Summons and Plaint is embarrassing, and should be set aside or amended. With respect to the first count, it is clear from the doctrine laid down in May v. Burdett (1), and other cases to which we have been referred that (upon the facts stated in that count, as to the Defendant's knowledge of the vicious temper of his horse, and yet allowing his servant to ride it on the highway), Defendant would be liable for the injuries inflicted by the horse upon Plaintifi"s husband, without any charge of negligence on the part of Defendant's servant in the...

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