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.
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