Is a horse owner liable for injuries sustained by a horse that strays on a neighbour's property and bites a horse?
Saskatchewan, Canada
The following excerpt is from Gordon v. Allan, 1941 CanLII 139 (SK QB):
In Ellis v. Loftus Iron Co. (1874) L.R. 10 C.P. 10, at 13, 44 L.J.C.P. 24, the owner of a stallion which kicked and bit a mare through a wire fence was held liable. It was held that negligence is altogether immaterial where any animal strays on land of any neighbour and commits a trespass. The owner of the animal is liable for the ordinary consequences of that trespass.
In Lee v. Riley (1865) 18 C.B. (N.S.) 722, 34 L.J.C.P. 212, 144 E.R. 629, the owner of a trespassing mare was held liable because the mare kicked a horse.
In Cox v. Burbidge, supra, it was held that if an animal is not lawfully upon a highway but is trespassing, as when it has merely strayed on the highway, the owner is responsible for the ordinary consequences of such trespass.
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