From the simple case of walking we may proceed to the more
complex cases of dealings with tangible objects of property. It
may be said that, generally speaking, a man meddles with such
things at his own risk. It does not [154] matter how honestly he
may believe that they belong to himself, or are free to the
public, or that he has a license from the owner, or that the case
is one in which the law has limited the rights of ownership; he
takes the chance of how the fact may turn out, and if the fact is
otherwise than as he supposes, he must answer for his conduct. As
has been already suggested, he knows that he is exercising more
or less dominion over property, or that he is injuring it; he
must make good his right if it is challenged.
Whether this strict rule is based on the common grounds of
liability, or upon some special consideration of past or present
policy, policy has set some limits to it, as was mentioned in the
foregoing Lecture.
Another case of conduct which is at the risk of the party without
further knowledge than it necessarily imports, is the keeping of
a tiger or bear, or other animal of a species commonly known to
be ferocious. If such an animal escapes and does damage, the
owner is liable simply on proof that he kept it. In this instance
the comparative remoteness of the moment of choice in the line of
causation from the effect complained of, will be particularly
noticed. Ordinary cases of liability arise out of a choice which
was the proximate cause of the harm upon which the action is
founded. But here there is usually no question of negligence in
guarding the beast. It is enough in most, if not in all cases,
that the owner has chosen to keep it. Experience has shown that
tigers and bears are alert to find means of escape, and that, if
they escape, they are very certain to do harm of a serious
nature. The possibility of a great danger has the same effect as
the probability of a less one, and the law throws the risk of
[155] the venture on the person who introduces the peril into the
community.
This remoteness of the opportunity of choice goes far to show
that this risk is thrown upon the owner for other reasons than
the ordinary one of imprudent conduct. It has been suggested that
the liability stood upon remote inadvertence. /1/ But the law
does not forbid a man to keep a menagerie, or deem it in any way
blameworthy. It has applied nearly as strict a rule to dealings
which are even more clearly beneficial to the community than a
show of wild beasts.
Public-domain text, read in full here on John Shaqi.
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