Facts
Dr Andrew Henley and his wife Susan kept a horse and two ponies in a field next to their house. On the night of 28–29 August 1996, something frightened the animals, which escaped past a wooden barrier and electrified wire fencing onto a track. They went 300 yards up the track and about a mile along a minor road, and made their way onto the A380 dual carriageway from Torquay to Exeter.
Shortly after midnight, Hossein Mirvahedy, a hotel manager, who was driving along this road, collided with the largest of the horses. Mr Mirvahedy suffered serious injuries for which he sought damages in the courts.
Judgment
Reviewing the authorities, the Lords identified two possible interpretations of the 1971 Act, which it called the Cummings interpretation and the Breeden interpretation. In Cummings v Granger 1977 QB 397 an alsatian dog was turned loose in a scrap yard and seriously injured an intruder. Because the intruder was trespassing the dog owner escaped payment of damages, but in that case liability under the Animals Act 1971 was established. In Breeden v Lampard, an unreported case from 1985, the defendant's horse kicked out when it was approached from behind. In that case liability under the Animals Act 1971 was not established. The court found that the defendant's horse was behaving normally.
By a majority of three to two, the House of Lords agreed with the Court of Appeal, preferring the Cummings interpretation. [3]
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