Torts Keyed to Epsteinback
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A rancher kept his cattle in a fenced enclosure on his property. The rancher’s neighbor, who raised sheep and chickens, was driving his tractor negligently and lost control of it, causing it to run over the rancher’s fence and knock down a section of it. The neighbor meant to alert the rancher about the break but forgot by the time he got back to his barn. A few hours later, a small herd of the rancher’s cattle wandered through the hole in the fence onto the neighbor’s property. The cattle were peacefully munching on hay left out for the sheep when the neighbor’s sheepdog began barking loudly and harrying the cattle, nipping at their heels. The cattle became agitated and stampeded over the neighbor’s property, trampling a number of chickens in an enclosure. The neighbor sued the rancher for the death of his chickens.
Is the neighbor likely to prevail in this lawsuit?CorrectIncorrect
A professional snake charmer toured the country, performing at county fairs. The snake charmer took several precautions to ensure the safety of his act. All of his snakes were operated on by a doctor so that they would not be able to secrete poisonous venom. Each time he performed, the snake charmer built a fence around himself and posted signs that said, “Warning: these snakes are dangerous.”
A spectator at one of the snake charmer’s performances bragged to his girlfriend, “It’s easy. I could do the same thing.” The spectator jumped the fence and grabbed the flute. The snake bit the spectator’s leg, causing a localized permanent paralysis. It turns out that the snake was capable of producing venom.
If the spectator brings suit against the snake charmer, is he likely to prevail?CorrectIncorrect