aughan v. Miller Bros. “101” Ranch Wild West Show
The Animate Menace. In Vaughan v. Miller Bros. “101” Ranch Wild West Show
153 S.E. 289 (W. Va. 1930)
D’s ape bit of P’s finger off. P sued to recover, did not allege negligence but only strict liability. WV Supreme Court disagreed:
The liability of the owner of these has never been declared absolute, nor his negligence presumed from mere ownership.
The idea is no longer indulged that it is prima facie negligent to keep or exhibit wild animals. The gist of modern actions against exhibitors cannot be the mere keeping of savage animals, but must be neglect to restrain them.