Morris v. Baily is distinguishable on its facts as is the reality in most negligence actions. In Morris v. Baily the dog in question was a 90 pound collie and the defendants knew of the propensity of this large dog to run at people barking but stopping short of them. There is no evidence that the respondents’ four dogs had a propensity to run at people and, furthermore, unlike the 90 pound collie, they were not unlawfully at large but confined to the house unless put out in the fenced back yard or when they were walked on a leash in the neighbourhood.
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