Martinez v. Bernhard

Citations

• 106 La. 368

Syllabus

<p>Syllabus.</p> <p>1. — The owner of a gentle animal which has always been of a kind temper, and has never attempted to bite anyone and has never given occasion to suspect that it would bite, is not liable in damages by the mere fact that the animal has bitten some one. Unless there be some fault, light as it may be, liability does not arise. In each, Montgomery vs. ICuerstner, 35 Ann. 1091; McGuire vs. Kingrose, 41 Ann. 1029; Delisle vs. Bouriaque, 105 La. p. 77, the owner was at fault. Laurent, Vol. 20, p. 675.</p> <p>2. — A slight wound greatly aggravated by imprudent treatment will not give rise to liability for damages where both the attending physicians trace the death to another cause than the bite of the animal.</p>