Opinion

Vredenburg v. Behan

  • 33 La. Ann. 627
Court
Supreme Court of Louisiana
Filed
May 15, 1881
Status
Published
Author
Bermudez
On the bench
Bermudez, Poché, Todd
Cited by
42 cases

owner of dangerous animal liable for damages when animal attacked a man after being incited by a boy

How later courts described this case

  • owner of dangerous animal liable for damages when animal attacked a man after being incited by a boy

Written by the judges who cited it.

The opinion

Dissenting Opinion.

Bermudez, C. J.

Whatever may be the responsibility which attaches to owners of property for the wrongful use of the same by employees entrusted with the keeping thereof, I do not think that it fastens when the owner had not the exclusive control of the property, or having such, was absent, unaware of such use, unable to prevent it, and when such use was not done in, but out of, the cours.e of. the legitimate functions or line of the duties of such subordinates, and was not sanctioned and ratified, and could not even have been foreseen.

I think the allowance too large, unless the fact of death, which is entitled to no consideration, assist in the computation and assessment.

I therefore dissent from the decree.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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