What is the test for damages in a horse case?

British Columbia, Canada


The following excerpt is from Nelson v. Kanusa Construction Ltd., 1995 CanLII 1769 (BC SC):

1. While driving her motor vehicle late at night on 184th Street in Surrey, British Columbia, the plaintiff collided violently with three horses at large on the very poorly lit roadway. The plaintiff was injured and the three horses were killed. The plaintiff claims damages against the defendants jointly and severally for their negligence, breach of statutory duty, and breach of duty of care. The plaintiff makes further and alternative claims against the defendants, jointly and severally, pleading res ipsa loquitur, advancing the rule in Rylands v. Fletcher, arguing the application of section 10 of the Livestock Act, and claiming that the defendants created a public nuisance.

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