The Weekly Law Reports
[1957] 2 WLR 404
[QUEEN'S BENCH DIVISION.]
BEHRENS AND ANOTHER v. BERTRAM MILLS CIRCUS LTD.
[1954 B. No. 711.]
1956 Dec. 3,
4,
5,
6,
7,
13,
14,
17,
18,
19;
1957 Jan. 30.
1957 Jan. 30.
Devlin J.
Animal
— Ferae naturae
— Elephant
— Whether ferae naturae
— Liability of owner for acts of animal ferae naturae not flowing from savage disposition
— Whether wrongful act of third party a defence
— Midget injured when booth in funfair knocked down by elephant
— Elephant irritated by dog introduced into booth by third party
— Prohibition against introduction of dogs
— Tame Burmese circus elephant
— Midgets licensees of booth
— Knowledge by midgets that elephants passing booth
— Applicability of maxim volenti non fit injuria.
Rylands v. Fletcher. Volenti non fit injuria.
Damages
— Personal injuries
— Husband and wife
— Both midgets
— Choice of husband not to work while wife incapacitated
— Exceptional dependence of married midgets upon each other
— Choice reasonable
— Husband entitled to recover loss of earnings during period of wife's incapacity.
Judicial Precedent
— Ratio decidendi
— Two reasons for decision
— Both binding.