It follows that the defendant can only be held responsible at common law if he knew that his bull was disposed to do what it did and failed to prevent it from coming into contact with the plaintiff’s heifers. The general principle of law is stated in Cox v. Burbidge (1863), 13 C.B.N.S. 430, 143 E.R. 171 at 174, as follows: “If I am the owner of an animal in which by law the right of property can exist, I am bound to take care that it does not stray into the land of my neighbour; and I am liable for any trespass it may commit, and for the ordinary consequences of that trespass. Whether or not the escape of the animal is due to my negligence, is altogether immaterial.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.