Reuter v. Swarthout

In 1903 the legislature added to the statute as it theretofore existed the words “although he escapes without the fault of such owner or keeper; and the construction of any fence enumerated in section 1390 shall not relieve such owner or keeper from liability for any damage committed by an animal of the enumerated class upon the inclosed premises of an adjoining owner.” Prior to the amendment the court had expressed its doubts as to the statute fixing an absolute liability on the owner of the animals proscribed. Montgomery v. Breed, 34 Wis. 649. After the amendment, however, this court held…