TRETHOWAN v CAPRON

[1961] VR 460·ADAM, J
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[1961] VR 460
TRETHOWAN v CAPRON SUPREME COURT OF VICTORIA ADAM, J 16 November 1960, 13 February 1961
[1961] VR 460
Animals — Dog — Complainant bitten — Whether trespasser — Liability of owner — Dog Act 1958 (No. 6236), s26 . The statutory liability cast on owners of dogs by s26 of the Dog Act 1958 should be read subject to certain qualifications, and such qualifications exclude liability to trespassers where the circumstances are such that no liability would attach at common law. The common law right in a man to guard and protect his own property by any lawful means so long as he does not thereby interfere with the legal rights of others should be held to stand unaffected by the general language of s26.

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[1961] VR 460

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