What is the test for determining whether a horse owner is responsible for damage caused to another horse by his mare?
Saskatchewan, Canada
The following excerpt is from Whalley v. Vandergrand, 1918 CanLII 206 (SK CA):
In Lee v. Riley, 18 C.B. (N.S.) 722, 34 L.J.C.P. 212, the defendant’s mare strayed from his close through defective fences, which it was defendant’s duty to repair, into a field of the plaintiff’s in which was a horse. The animals quarrelled, and the result was that the plaintiff’s horse received a kick from the defendant’s mare which broke his leg and he was necessarily killed. It was held that the defendant was responsible for his mare’s trespass and that the damage was not too remote.
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