Marsh v. Koons

Citations

• 78 Ohio St. (N.S.) 68

Syllabus

<p>Certain animals not to run at large — Owner of animal liable in damages, when — Sections 4202 and 4206■ Revised Statutes— Liability does not attach merely because of statute — Law of damages.</p> <p>1. The object of Sections 4202 and 4206, Revised Statutes, making it unlawful for the owner of certain animals, including cattle, to suffer them to run at large in any public highway, and making him liable for all damages done by such animals on the premises of another, is not the safety of travelers on the highway, but the prevention of trespasses, and the owner of such an animal is not, merely because of the existence of the statute, liable in damages to a person injured by her horse taking fright at such an animal at large in the highway contrary to the statute.</p> <p>2. The owner of a cow at large in the public highway is not liable in damages to a person injured by being thrown from her vehicle through her horse taking fright at the cow getting up when she attempted to drive around it.</p>