Decker v. Gammon
Supreme Judicial Court of Maine
This is an action on the Case, to recover the value of a horse, alleged to have been injured by the defendant’s horse, and comes forward on Exceptions to the rulings of Goodenow, J. The plaintiff introduced evidence tending to prove that at night, on the 13th of September, 1855, he put his horse into his field well and uninjured.
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This is an action on the Case, to recover the value of a horse, alleged to have been injured by the defendant’s horse, and comes forward on Exceptions to the rulings of Goodenow, J. The plaintiff introduced evidence tending to prove that at night, on the 13th of September, 1855, he put his horse into his field well and uninjured. The next morning, September 14th, his horse and thd defendant’s were together in his, the plaintiff’s close, the defendant’s horse having, during the night, escaped from the defendant’s enclosure, or from the highway, into the close of the plaintiff, and that the…
1Opinion of the CourtDavis, J.
There are three classes of cases in which the owners of animals are liable for injuries done by them to the persons or the property of others. And in suits of such injuries the allegations and proofs must bo varied in each case, as the facts bring it within one or another of these classes.
1. The owner of wild beasts, or beasts that aro in their nature vicious, is, under all circumstances, liable for injuries-done by them. It is not necessary, in actions for injuries by such beasts, to allege or prove that the owner knew them to *328be mischievous, for he is conclusively presumed to have such…
2Cited by26 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Candler v. SmithCourt of Appeals of Georgia · 1935
- Fox v. KoehnigWisconsin Supreme Court · 1926
- McClain ex rel. McClain v. Lewiston Interstate Fair & Racing Ass'nIdaho Supreme Court · 1909
- Decker v. McSorleyWisconsin Supreme Court · 1901
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