Troth v. Wills

Citations

• 8 Pa. Super. 1
• 1898 Pa. Super. LEXIS 1

Syllabus

<p>Trespass by domestic animal — Acts incident to primary trespass — Responsibility of owner.</p> <p>In eases of damage inflicted by the trespassing of domestic animals the primary trespass is the entry of the animal upon the land; the attendant damage for which the owner may be held liable is a matter of aggravation. Mischievous acts of the animal when incident to the primary,trespass, in any of its aspects, or so closely associated with it as to form a substantial part or an immediate result of it, are a legitimate matter of aggravation, for which the owner should be held liable.</p> <p>Trespass and incidental injuries — Question for jury.</p> <p>If an animal injures a person lawfully trying to prevent it from trespassing, the owner will be held liable, though the injury be one which the animal is not prone to commit.</p> <p>A cow trespassing upon another’s land hooked the plaintiff who was driving it off. The cow was not known to be naturally mischievous; the court left the questions of negligence and damages to the jury, with suitable instructions as to the measure of damages for the injuries inflicted as being aggravating incidents to the trespass., • '</p>