Spring Co. v. Edgar
Supreme Court of the United States
Error to the Circuit Court of the United States for tbe Northern District of New York. This is an action by Ann P. Edgar to recover from the Congress and Empire Spring Company $20,000 for personal injuries inflicted on her by a buck deer, the property of that company, in the Congress Spring Park at Saratoga Springs, New York.
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Error to the Circuit Court of the United States for tbe Northern District of New York. This is an action by Ann P. Edgar to recover from the Congress and Empire Spring Company $20,000 for personal injuries inflicted on her by a buck deer, the property of that company, in the Congress Spring Park at Saratoga Springs, New York. The declaration charges that on' and for a long time prior to Oct. -20,1870, the defendant had been and was the owner and .proprietor of “ Congress Spring,” from which the defendant has realized, and dees realize, great gains and profits; that said • spring has for a…
1Opinion of the CourtJustice Clifford
Animals ferce natures, as a class, are known to be mischievous ; and the rule is well settled, that whoever undertakes to keep such an animal in places of public resort is or may be liable for the injuries inflicted by it on a party who is not guilty of negligence, and is otherwise without fault.
Compensation in such a case may be claimed of the owner or keeper for the injury ; and it is an established rule of pleading that it is not necessary to aver negligence in the owner or keeper, as the burden is upon the defendant to disprove that implied imputation. Cases have often arisen where no…
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