Milligan v. Henderson [1915] ScotLR 813 (20 July 1915)

Milligan v. Henderson [1915] ScotLR 813 (20 July 1915)

The defender was not liable because the dog was not shown to be vicious or dangerous, nor was there proof that the defender knew or ought to have known of any such propensity. Liability for injury by a domestic animal requires proof of scientia or fault, neither of which was established on the facts.

Citation
[1915] ScotLR 813
Parties
Pursuer: Louisa Ann Milligan; Defender: James Henderson
Jurisdiction
Scotland
Judgment Date
20 July 1915
Procedural Posture
Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
appeal dismissed; defender assoilzied (absolved) from liability
Legal Topics
Negligence, Liability for Animals, Dangerous Animals, Scientia (knowledge of Propensity), Personal Injury
Tort Animal Law Negligence Liability for Animals Dangerous Animals Scientia (knowledge of Propensity) Personal Injury

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Parties

Louisa Ann Milligan

Pursuer

James Henderson

Defender

Procedural Posture

Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Is the owner or custodian of a dog liable for injury caused by the dog in the absence of knowledge of dangerous propensity (scientia)?
  2. 2 Does negligence arise from allowing a frolicsome but not vicious dog to follow a carriage on a public road?

Ratio Decidendi

The defender was not liable because the dog was not shown to be vicious or dangerous, nor was there proof that the defender knew or ought to have known of any such propensity. Liability for injury by a domestic animal requires proof of scientia or fault, neither of which was established on the facts.

Court Disposition

appeal dismissed; defender assoilzied (absolved) from liability

Orders

  • Sustain the sixth plea-in-law for the defender
  • Assoilzie the defender from the conclusions of the action