Mareau v. Vanatta

Citations

• 88 Ill. 132

Syllabus

<p>1. Animáis—owner’s liability for injury by them. The owner of domestic or other animals not naturally inclined to commit mischief, such as dogs, horses and oxen, is not liable for any injury committed by them to the person or personal property of another, unless it be shown such owner previously had notice of the animal’s mischievous propensity, or that the injury is attributable to some other neglect on his part, it being, in general, necessary, in an action for an injury committed by such animals, to allege and prove a scienter.</p> <p>2. Same—recovery for injury growing out of plaintiff’s negligence or fault. A party can not recover of the owner for an injury from such an animal if his own negligence contributed materially to it, or where the injury is wantonly provoked by his own wrongful act.</p> <p>3. Where the plaintiff’s sorrel stallion, while being exhibited on the street, some fifty or sixty feet from the defendant’s black stallion, commenced backing towards the black horse and kicking, and when he had come near, the latter horse turned and kicked him, breaking a leg, from which he died, and it appeared the defendant’s horse was kind and manageable, or that the defendant had no knowledge of any vicious propensity, and that Ms horse was in the hands of a prudent keeper, while the sorrel horse was vicious, and was not properly managed by the person in charge of him, it was held, that the defendant was not liable for the injury.</p>