WOMAN INJURED BY COW

Dominion, Volume 13, Issue 141, 10 March 1920, Page 8

WOMAN INJURED BY COW

SUES OWNER FOR DAMAGES. An interesting-reserved judgment was delivered in the Mnristrate's Court yesterday by Mr. W. G. Riddoll, S.M., reelecting the legal Vobility of live-stock owners for any injuries their stock inay cause to human beings. , On April 19 of last year, Mts. .Amy Florence Blood was passing along Ira Street, Miramar, when she was attacked by a. cow owned by Patrick H. O'Donoghue—whiclr.at the time was wandering on the highway. Mrs. Blood was-seri-ously injured,. and was removed to the hospital. She therefore claimed .Clflfl damages from O'Donoghue, be : ng £3," Is. special damages, and J!72 IDs. general damages. '■ ■ The Magistrate said it was proved that the cow was the' property of defendant, and that at the time it attacked plaintiff it had a calf two days old at foot. Defendant claimed that tho beast had never exhibited any indication of being dangerous.,.and that on the date in nuestion he had tethered it and the calf in n paddock near plaintiff's nroperty. An owner could not bo hold liable for the action of his animals in the absence of proof that he knew rh<! animals to be of a vicious nature. That principle was applicable to the present enso. As plaintiff had failed to show that defendant knew of any vice in the cow which at : tacked her. she had not proved defendant's liability. His Worship did 'not think that the facts showed negligence on the part of defendant. "The case is most unfortunate for the plaintiff," concluded His Worship, "as she has received 6cvere injuries from the attack of defendant's cow; but in view of the law referred to in the authorities cited, defendant cannot, in my opinion, be held liable." Plaintiff was non-suited, without costs. At the liearug, Mr. P. W. .Tackson appeared for plaintiff and Mr. H. F. D'Leary for defendant.