Hilton v. Overly

Citations

• 69 Pa. Super. 348
• 1918 Pa. Super. LEXIS 84

Syllabus

<p>Animals — Boar hogs — Propensities—Injuries—Charge of court</p> <p>In an action to recover damages for the death of a boar hog which was killed by another boar hog which belonged to the defendant, it is reversible error for the court to charge that in order to hold the defendant the jury must find that the animal was vicious and the owner knew it. In such a case the question to be submitted to the jury is, whether the owner, if he allowed such an animal to be at large was not chargeable with the knowledge that naturally if he were to meet another boar, he would be liable to inflict injury.</p> <p>Where it is admitted that the defendant was the owner of the boar on the day preceding the trespass, and the defendant testifies that on that day he had loaned the boar to one man and sold it to another, it is for the jury to determine the question of defendant’g ownership and possession of the boar at the time of the killing.</p>