FOWL ON ROAD

Auckland Star, Volume LXXI, Issue 145, 20 June 1940, Page 8

FOWL ON ROAD

CYCLIST INJURED,

QUESTION OF LIABILITY. SUPREME COURT RULING. The legal liability of the owner of a fowl which gives rise to an accident by straying on a public road was the subject of argument before Mr. Justice Blair in the Supreme Court to-day. Salvator Amoretti, labourer, of Mount Albert (Mr. Noble) claimed £80 12/U special and £41!) 7/0 general damages from I. R. Lister, of Mount Albert (Mr. Henry).

In his claim plaintiff alleged that on September 2 last year at 4.15 p.m., while he was lawfully riding his bicycle along Renfrew Avenue, a fowl belonging to the defendant wandered on the road and entangled itself in' the spokes of the rear wheel of the bicycle, and as a result plaintiff was thrown off the bicycle and sustained injuries. Ho alleged negligence on the part pc defendant in that he did not control the fowl, or take the necessary steps to keep it from wandering on the road. By agreement counsel argued the law on the subject, assuming that the facts were as stated. Mr. Henry argued that there was no common law duty on the part of owners of domestic animals to keep them from straying on a highway. Counsel also submitted that in eases such as the present one there could be no damages allowed &3 bein fr too remote. .It would have to be proven that tlie particular fowl made u practice of the dangerous habit of entangling itself in bicycle wheels. His Honor: Usually once is enough; that is the end of the hen. Mr. Henry: It was the end of the fowl in this ease, your Honor. Mr. Noble submitted that under the by-laws plaintiff was bound to keep his fowls in control. His Honor said the object of the bylaws mentioned by Mr. Noble had relation to sanitation," and not to the safety of traffic on a road. For the rest the law was settled in cases of this kind about domestic animals which were not dangerous or vicious. It did not create a liability on the owners of such animals for accident. His judgment would be for defendants, with costs.