approving rule in Restatement (First) of Torts § 509 (Am. L. Inst. 1938) that “a possessor of a domestic animal which he has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm caused thereby to others, except trespassers on his land, although he has exercised the utmost care to prevent it from doing the harm”
How later courts described this case
- approving rule in Restatement (First) of Torts § 509 (Am. L. Inst. 1938) that “a possessor of a domestic animal which he has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm caused thereby to others, except trespassers on his land, although he has exercised the utmost care to prevent it from doing the harm”
- approving rule in Restatement of Torts § 509 (1938) that “a possessor of a domestic animal which he has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm caused thereby to others, except trespassers on his land, although he has exercised the utmost care to prevent it from doing the harm”
- establishing that animal owner is not liable for animal’s biting someone unless owner knew of earlier biting incident or of animal’s propensity toward aggression
- approving rule “that suits for damages caused by vicious animals should be governed by principles of strict liability” but explaining that establishment of cause of action for strict liability does not preclude claim for negligent handling
Written by the judges who cited it.
The opinion
ON REHEARING
Defendant, John C. Ranne, urges in his motion for rehearing that there was neither finding nor evidence that he permitted the hog to run at large after he should have known the animal was vicious. The jury found as a fact that he permitted his hog to run at large after he knew, or should have known that the hog was vicious and likely to cause injury to persons. Ran-ne himself testified concerning the nature of the animal, “I knew that he had been raised alone and wasn’t, you know, a regular yard type animal.” According to the plaintiff, Ranne visited him in the hospital and told him, “I knew the bugger was mean.” A witness told of Ranne’s visit to the hospital after the animal attacked plaintiff. She testified that Ranne then told Marshall, “I knew he was vicious, why didn’t you kill him?” We overrule defendant’s motion for rehearing.
Plaintiff, Marshall, also filed a motion for rehearing and urges that the court of civil appeals erred in refusing to consider his point that the damages awarded in the trial court were manifestly unjust and grossly inadequate. The trial court’s judgment was grounded upon a verdict which found no damages for past or future pain and mental anguish or for loss of past or future earnings. We grant plaintiff’s motion for rehearing, set aside our former judgment, reverse the judgments of the courts below and remand the cause to the court of civil appeals for its consideration of the point touching the adequacy of the damages.