Byram v. Main
Maine Supreme Judicial Court
523 A.2d 1387 (1987)
A pet donkey belonging to Peter Main's (defendant) daughter escaped its enclosure, wandered onto a public interstate highway, and was struck by a tractor-trailer driven by Ray Byram (plaintiff), damaging his rig. After an initial negligence verdict for Main was reversed and remanded on appeal, Byram amended his complaint to plead strict liability instead, and the trial court, relying on an 1857 precedent, found Main strictly liable for over $27,000 in damages; Main appealed, arguing that precedent was misapplied.
Whether a defendant may be held liable for harm caused by a domestic animal with no history of being abnormally dangerous only if the owner intentionally caused the animal to do the harm or was otherwise negligent in failing to prevent the harm.