27 Pa. Super. 116 | Pa. Super. Ct. | 1905
Opinion by
This action was brought to recover damages for injuries resulting to the plaintiff from the bite of a horse belonging to the defendant. The horse was one of the team attached to a wagon backed up to a platform at a depot of the defendant, and in the language of the plaintiff’s statement of claim “ with the horses’ heads facing the sidewalk used by the general public.” It is averred in the statement that the defendant knew that the horse “ was accustomed to attack and bite mankind.” And in the plaintiff’s statement of the question involved, it is assumed that there was evidence that the horse had bitten other people. The plaintiff’s case proceeds, therefore, on the theory that knowledge by the owner of a domestic animal of its vicious habits must be established in order to support an action. And such is the law of this state. To establish liability on the defendant, it was necessary to prove a vicious propensity of the