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Subject_1 Reparation Subject_2 Domestic Animal Subject_3 Owner's Liability to take Proper Precaution for Safety of Public. Facts: Where the owner of a cow which was being taken through the public streets in circumstances under which it might have been expected to become excited and furious, had not taken special precautions for the safety of the passers-by— held that he was liable in damages to a person who had been injured by the cow.
This was an action of damages for personal injuries at the instance of Mrs Phillips, wife of James Phillips, insurance superintendent, Dundee, with consent of her husband, against James Nicoll, Millgate, Arbroath, and David Harris, butcher, there.
On appeal the Sheriff ( trayner ) recalled this interlocutor and assoilzied the defenders.
The pursuer appealed to the Court of Session, and argued — There was a special duty on the defender to take more than ordinary precautions against trivial occurrences, in respect of the ex—citable state of the animal— Clark v. Armstrong , July 11, 1862, 24 D. 1315 ; Burton v. Moorhead , July 1, 1881, 8 R. 892 ; Hennigan v. M'Vey , Jan. 12, 1882, 9 R,. 411 ; Fletcher v. Rylands , L.R., 3 H. of L. 330 .
Lord President —It is quite conceded in this case that Mrs Phillips was knocked down and injured by this cow, and that the amount of damages awarded by the Sheriff-Substitute is not in the circumstances excessive, but the question is whether fault is brought home to the defender Nicoll.
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