Mendes v Philbert
| Jurisdiction | St Lucia |
| Judge | Cecil Lewis, J.A. |
| Judgment Date | 05 May 1971 |
| Neutral Citation | LC 1971 CA 7 |
| Docket Number | Criminal Appeal No. 1 of 1971 |
| Court | Court of Appeal (Saint Lucia) |
| Date | 05 May 1971 |
Court of Appeal
Lewis, C.J.; Lewis, J.A.,; Davis, J.A. (Ag.)
Criminal Appeal No. 1 of 1971
Mrs. F. Odlum for the appellant.
Mr. H. Giraudy for the respondent.
Animals - Scienter
Facts: An appeal from an order of the magistrate awarding the respondent the sum of $200 damages in a claim in which he alleged that he was attacked by the appellant's dogs. The question was whether the doctrine of scienter should have been discussed at the trial.
Held: The doctrine of scienter was imported into St. Lucia by virtue of section 917A of the Civil Code and as no evidence was given about it at the trial the judgment in the respondent's favour could not be supported. Appeal allowed.
This is an appeal from an order of the magistrate of the Second District Court dated January 25, 1971, awarding the respondent the sum of $200.00 damages and $15.00 costs in a claim in which he alleged that he was attacked by the appellant's dogs.
On September 12, 1970, while the respondent/ plaintiff was walking along the Vieux - Fort road two dogs belonging to the appellant ran out at him. The respondent became alarmed, took to his heels, jumped over a verandah, fell and fractured his left wrist.
At the trial the English common law doctrine of scienter was not raised. In answer to a question by this court counsel for the respondent conceded that the effect of the provisions of section 917A of the Civil Code is to import this doctrine into the local law, and as no evidence was given about it at the trial the judgment in his client's favour could not be supported and the appeal would have to be allowed.
The appeal is accordingly allowed, the order of the magistrate set aside and judgment entered for the defendant. There will be no order as to costs.
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