Smith v. Garnero

Citations

• 113 Wash. 368
• 194 P. 375
• 1920 Wash. LEXIS 845

Syllabus

<p>Animals (18) — Trespassing — Licenses — Withdrawal. Where permission to stake a cow on premises was withdrawn during a rainy season because the ground was soft, and thereafter no objection was made to so staking her on adjoining property that she could enter and eat grass on the premises, there was an implied license to so do, and no wrongful trespass in the act.</p> <p>Same (9) — Personal Injuries — Liability—Viciousness. In an action for personal injuries inflicted by a cow, if the cow was not trespassing at the time, it must be shown that she was vicious and known by defendant to be so.</p> <p>Same (11) —Personal Injuries — Notice op Viciousness' — Evidence — Sufficiency. An action for personal injuries inflicted by a cow must fail where it appears that plaintiff’s foot became caught in the chain by which the cow was tethered, and he was knocked down and dragged when the cow became frightened, and not because she was vicious, there being no testimony to show viciousness.</p>