Penn State Law Review Volume 10

Penn State Law Review Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...of the dog. We have first the act oi! assembly of Apr. 14, 1851. which provides that: "The owner or owners oi any dog or dogs shall be liable for all damages done or caused to be done by any and every such dog or dogs, in an action of trespass vi ct armis, in the name of the person or persons iniured." Next we have the act of assembly of May 15, 1889, P. L. 222. section 6, entitled "An act for taxation cf dogs and rrotectlon of sheep;" and lastly we have the act of assembly of May 25, 1893, making dogs personal property and the subject oi larcenv. It will be seen from the above atacutrs that the avowed intention of the legislature was to increase the liabilitv of the owners of dogs, and to protect him lu his right of property in the same. But even with this increased liability. imposed bv statute, the common law, except in so far as repealed by the above statutes remains in force in this state. and as the liahllitv of an owner oi' a dog for trespass was unknown to the common law. and as the statutory provisions on which this liability has been increased and enlarged are in derogation of the common law, they must be strictlv construed and cannot be extended beyond their terms. The court cannot alter the clearly expressed language of the above statutes by reading into. or having them cover more than is expressed or contained in them: and if the legislature intended to change-the common law so far as to make dogs, "subject to taxation," "owners liable for trespass vi et armls," and "the subject of larceny" then that part, and only that part of the com; mon law is superseded by statute, and the other feature of the common law must remain in force until such time as more

Product details

  • Paperback | 104 pages
  • 189 x 246 x 6mm | 200g
  • United States
  • English
  • black & white illustrations
  • 1236959523
  • 9781236959522