REDDETT v. MOSLEY

1 Div. 366.

222 So.2d 369 (1969)

Irby D. REDDETT v. Jimmy R. MOSLEY.

Court of Appeals of Alabama.

April 15, 1969.


Attorney(s) appearing for the Case

Pillans, Reams, Tappan, Wood & Roberts, Mobile, for appellant.

Moore, Moore, Downing & Layden, Mobile, for appellee.


CATES, Judge.

Negligence for dog bite: verdict for plaintiff, $683.00. Defendant appealed.

Animals are divided (in tort law): ferae naturae and mansuetae naturae. Dogs fall into the latter class.

Hence, the law puts the burden of proving the owner's scienter on the person attacked by the dog. Otherwise, the owner of a dog would be under absolute liability as might be the keeper of a tiger or a cobra.

This rule is one of judicial notice and...

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