Gibb v Comerford

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: High Court

Gibb

and

Comerford

Dog kept on premises adjoining highway - Allowed uncontrolled access to highway - Dog injuring cyclist on highway - Absence of scienter - Liability of owner.

In the absence of scienter, the owner of an animal mansuetae naturae is under no obligation to prevent it from straying from his premises to an adjoining highway and is not liable for damage which it causes to persons lawfully using such highway. In determining liability for accidents caused by domestic animals on the highway, a clear distinction must be drawn between cases where the animals have strayed there (in which cases the owner is not liable in the absence of scienter) and caseswhere they have been brought upon the highway by their owner (in which cases the owner must exercise reasonable care to prevent them from causing damage). Heath's Garage Ltd. v. HodgesELR [1916] 2 K. B. 370, followed; Deen v. DaviesELR [1935] 2 K. B. 282, and Pitcher v. MartinUNK[1937] 3 All E. R. 918, distinguished. A dog, alleged to be the property of the defendant, ran from the defendant's front garden across a suburban highway and, being frightened by a passing motor-ear, ran back and struck the bicycle on which the plaintiff was riding. The...