Legal Opinion

Hayes v. Miller

Supreme Court of Alabama

Decided May 8, 1907PublishedCited by 25 opinions

AppbÁl from Gadsden City Court. Heard before Hon. John H. Disqtie. Action by E. T. Miller against John R. Hays and another. From a judgment for plaintiff, defendant Hays appeals. This was an action for damages resulting from the bite of a ferocious wolf.

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AppbÁl from Gadsden City Court. Heard before Hon. John H. Disqtie. Action by E. T. Miller against John R. Hays and another. From a judgment for plaintiff, defendant Hays appeals. This was an action for damages resulting from the bite of a ferocious wolf. Counts 6, 7, 8, and 9 of the complaint allege in effect that plaintiff was attending to his own business in the streets of Attalla, and defendants had in Heir possession, tied with a chain, a wolf of a canine species, a ferocious wild animal, and negligently aihfwed said wolf to bite and wound plaintiff; from which plaintiff suffered great…

1Opinion of the CourtAnderson, J.

There is, and properly so, a recognized distinction between the liability of the owner for damage done bv,wild animals, or animals ferie naturae, and by those classed as domestic animals. The gist of the action as to damage done by the latter is the keeping of the animal with knowledge of its vicious propensities. *624On the other hand., the owner of wild animals ferm natural is as a general rule liable for injuries done by them. It is not necessary to prove that the owner had knowledge of the vicious nature of a wild animal causing injury, as he is conclusively presumed to have such knowledge.…

2Cases cited4 opinions

  1. Spring Co. v. EdgarSupreme Court of the United States · 1879
  2. Woodstock Iron Works v. StockdaleSupreme Court of Alabama · 1904
  3. Parsons v. ManserSupreme Court of Iowa · 1903
  4. Garrett v. LynchSupreme Court of Alabama · 1870

3Cited by25 opinions

  1. Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
  2. Tipton v. Town of TaborSouth Dakota Supreme Court · 1997
  3. Tipton v. Town of TaborSouth Dakota Supreme Court · 1995
  4. Candler v. SmithCourt of Appeals of Georgia · 1935
  5. Peoples Shoe Co. v. SkallySupreme Court of Alabama · 1916

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