Facts
A young filly in a field where the public had a right of way playfully knocked over the claimant.
Issue
Is a keeper liable where a domestic animal acts in a way that is normal for its kind?
Held
No liability.
Principle
For a domestic animal, liability needs knowledge of a vicious or abnormal tendency. Playfulness normal to the species is not enough.
Why it matters
Normal behaviour of domestic animals.
Cited in these chapters
Cite this page
Fitzgerald v E D and A D Cooke Bourne (Farms) Ltd [1964] 1 QB 249 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/fitzgerald-v-cooke-bourne> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.