Reed v. Molnar

Appellants contend that proof of the unsupervised presence of domestic animals, such as cattle, in a public highway results in the animals’ owner or keeper being subject to strict liability in tort for damages resulting therefrom or, alternatively, constitutes negligence per se.

We reject appellants’ contention that a strict liability theory is applicable to this cause. The syllabus of Nixon v. Harris (1968), 15 Ohio St. 2d 105, upon which appellants base their argument, provides, as follows:

“If an animal breaks into the enclosed land of another, or gains entrance into such enclosure by…