Troth v. Wills
Superior Court of Pennsylvania
Appeal, No. 100, Oct. T., 1897, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1895, No. 382, on verdict for plaintiff. Wickham and Porter, JJ., dissent. Trespass for personal injuries. Before Bbégy, J. It appears from the evidence that the plaintiff, a lady about fifty-five years of age, was temporarily living with her son, in a small country place, and the cow of the defendant strayed into the garden belonging to the son.
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Appeal, No. 100, Oct. T., 1897, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1895, No. 382, on verdict for plaintiff. Wickham and Porter, JJ., dissent. Trespass for personal injuries. Before Bbégy, J. It appears from the evidence that the plaintiff, a lady about fifty-five years of age, was temporarily living with her son, in a small country place, and the cow of the defendant strayed into the garden belonging to the son. The plaintiff, seeing the cow in the garden, came out. of her son’s house and attempted to drive the cow out of the garden back into the pasture field,…
1Opinion of the Court
Opinion by
Smith, J.,
It is not necessary, in disposing of this case, to determine the liability of the owner of a domestic animal for all its acts while trespassing upon another’s land. In such eases, the primary trespass is the entry of the animal upon the land; the attendant damage for which the owner may be held liable is matter of aggravation. The minimum liability of the owner is for -acts arising from the natural propensities of the species, and from special characteristics and acquired habits of the individual of which the owner has notice. When the primary trespass is the wilful act of…
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- Bosley v. AndrewsSuperior Court of Pennsylvania · 1957
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