Brown v. Green

Citations

• 17 Del. 535
• 1 Penne. 535
• 42 A. 991
• 1899 Del. LEXIS 61

Syllabus

<p>Master and Servant—Evidence—Damages.</p> <p>1. The plaintiff having confined his testimony as to the viciousness of the horse to the stable, the defendants were not permitted to show in reply that she was quiet when being driven around the city.</p> <p>2. Plaintiff having been confined in his proof to viciousness of the defendant’s mare prior to and up to the time of his accident, defendants were allowed to show by a witness who took the mare in charge two days after the accident what was her conduct at that time, as being sufficiently close to the time of the accident to show the vicious tendencies of the mare, if she had such; the time, in the judgment of the court, that had elapsed since the accident not being long enough for any change to be effected in the character of the animal by training, etc.</p> <p>3. A horse is vicious when its disposition or propensity is to do any act dangerous in its character to either persons or property, such as biting, * kicking, striking with its forefeet, etc. And if any person shall continue to keep such a horse knowing it to have such propensities, he will be liable in damages for any injury inflicted by the horse by reason of any negligence on his part in the absence of any contributory negligence of the person injured. The gravamen of the action in cases of this character is the keepr ing of the animal, knowing it to be dangerous.</p> <p>4. If a person voluntarily and unnecessarily provokes a vicious animal and thereby invites or induces injury, or having knowledge of the evil propensities of an animal voluntarily puts himself in the way of such an animal knowing the probable consequences, he is not entitled to recover.</p> <p>5. If the owner of a horse places him in a club stable, maintained by himself and others for their benefit', and the manager of said stable has no other relation thereto than that of employee, in whose care and custody the horse was placed to feed, groom and harness, then there exists for this purpo