
    216
    BROADWAY v. LUCAS COUNTY AGRICULTURAL SOCIETY
    Ohio Court of Appeals, Lucas County.
    No. 1288
    February 26, 1923
    This opinion has not been published except in Abstract.
    LIABILITY FOR ANIMALS — (l)Averment in petition of knowledge of all conditions and dangers includes averment of knowledge of particular danger — (2) Owner of domestic animal liable for injury caused by animal only when he knows of its vicious propensity — (3) Person not the owner or keeper of domestic animal cannot be held liable for injuries caused by it.
    Error to Lucas Court of Common Pleas
    Attorneys, Fritsche, Kruse & Winchester and J. V. Easley, for Broadway; Tyler, Northern & McMahon and Smith, Baker, Effler, Allen & Eastman, for the Society.
   RICHARDS, J.

Epitomized Opinion

Broadway, while a patron of the Agricultural Society at its fair, was kicked and injured by a young-stallion owned by one of the exhibitors at the fair. Broadway brought action against the Society for damages, averring that the Society was negligent and that it knew all the conditions and dangers in allowing the stallion to be exhibited. The Society urges that the petition should have averred that it knew of the dangers for a sufficient length of time to have prevented the injuries. There is no evidence that the Society knew of the vicious nature of the stallion.

Held by Court of Appeals in affirming judgment for the Agricultural Society:

1. An averment in petition that the owner of a domestic animal knew all the dangers attendant upon allowing it to be exhibited includes an averment that the owner knew of the danger a sufficient length of time to have prevented the injury.

2. The owner of a 'domestic animal is not liable for the injury caused by the animal while in a place where it may rightfully be, unless it is shown thrt the animal was vicious in the particular complained of, and that the owner knew of such vicious propensity.

3. The Lucas County Agricultural Society was not, the owner nor keeper of the stallion, nor in charge of it, and had no notice of its vicious propensity.  