Can a municipality be held liable for negligence or breach of a by-law where a heifer was running at large contrary to the by-laws of the municipality?
Saskatchewan, Canada
The following excerpt is from Bohl v. Peterson, 1949 CanLII 165 (SK CA):
The statement of claim contains no mention of the by-law; as above stated, however, it is admitted that the heifer was running at large contrary to a by-law of the municipality. It contains no allegation of negligence and no allegation that the calf had any propensity to jump in front of cars to the knowledge of defendant. The defendant would not be liable at common law: Cox v. Burbidge (1863) 13 CB (NS) 430, 32 LJCP 89, 143 ER 171; Searle v. Wallbank [1947] AC 341, [1947] LJR 258, [1947] 1 All ER 12.
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