Scribner v. Kelley
New York Supreme Court
ACTION brought to recover damages for an injury caused by the fright of the plaintiff’s horse at the sight of an elephant of the defendants, about November 22, 1857, at or near Tarrytown, in the county of Westchester. The elephant was in charge of a person alleged to be the servant of the defendants.
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ACTION brought to recover damages for an injury caused by the fright of the plaintiff’s horse at the sight of an elephant of the defendants, about November 22, 1857, at or near Tarrytown, in the county of Westchester. The elephant was in charge of a person alleged to be the servant of the defendants. The person so in charge at the time of the accident was traveling with the elephant on the highway called the Highland turnpike, and was riding on horseback, on the westerly side of said elephant. The plaintiff, with his horse and wagon, was traveling through Beekman street, going east, and was…
1Opinion of the Court
By the Court, Scrugham, J.
The liability of the owner or keeper of an animal of any description, for an injury committed by such animal, is founded upon negligence, actual or presumed. It is not in itself unlawful for a person to keep wild beasts, though they may be such as are of a nature fierce, dangerous and irreclaimable; but as the propensity of such animals to do dangerous mischief is well known, and is inherent and not to be eradicated by any effort at domestication, nor restrained except by perfect confinement or extraordinary skill and watchfulness, the owner or keeper of such…
2Cited by9 opinions
- Candler v. SmithCourt of Appeals of Georgia · 1935
- Vaughan v. Miller Bros. "101" Ranch Wild West ShowWest Virginia Supreme Court · 1930
- Bostock-Ferari Amusement Co. v. BrocksmithIndiana Court of Appeals · 1905
- Darling v. WestmorelandSupreme Court of New Hampshire · 1872
- Byram v. MainSupreme Judicial Court of Maine · 1987
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