Opelt

Opelt v. Al. G. Barnes Co.

Good Law
1919 Cal. App. LEXIS 499·41 Cal. App. 776·183 P. 241
Court of Appeal of CaliforniaJune 27, 1919Civ. No. 2668.California2,116 words

Opinion

Lead Opinion

Waste, J.

Plaintiff, by his guardian ad litem, brought this action against defendant for injuries, alleged to have been received by being scratched by a vicious leopard, one of a number of animals kept by defendant corporation in its circus. The animal was securely caged and was not at large. Defendant had judgment and plaintiff appeals.

Plaintiff, at the time of the accident was a boy of ten and one-half years of age. On the day in question, having paid the price of admission, he entered the circus to view the animals and witness the performance in the main tent. He first entered the tent in which the animals were kept in cages, arranged in a row around the circular walls of the inclosure. A guard rope, securely fastened to posts, extended entirely along, and in front of, this row of animal cages, about three feet from the ground, and placed at such a distance that spectators could not approach within range of possible injury from the animals. This guard rope turned at a right angle from a post, near the passageway from the animal inclosure into the main tent, from which post, about three feet in height, it was carried across the end of the row of cages and fastened at a point about seven…

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