Can a farmer be held responsible at common law for his bull’s collision with his heifers?

Saskatchewan, Canada


The following excerpt is from Popowich v. Letweniuk, 1971 CanLII 761 (SK QB):

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.”

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