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Old 27-09-2013, 12:32 PM posted to uk.rec.gardening
Baz[_3_] Baz[_3_] is offline
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First recorded activity by GardenBanter: Oct 2010
Posts: 1,775
Default Keeping cats out of garden

Tom Gardner wrote in
:

On 26/09/13 20:07, Christina Websell wrote:

the fact remains that it is recognised in law that you are able to
train and control a dog and are responsible for what it does, but not
a cat.


There was the old AP Herbert "Misleading Case" where a neighbour
sued because snails were being thrown over the fence into his
garden and were damaging his prize vegetables.

The case depended on the concept that unless legislation
specifically states otherwise, animals are classed as either
"tame and domesticated" or "wild and ferocious". Which would
be the right classification for snails?



Well, wild, as they are wild, and ferocious because they are ferocious to
plants. I would think that is obvious.
I think that as a point of law that the "thrower" could be seen to
criminaly damage propety that does not belong to him. His intent is to
throw an object, with the intent of damaging property not beloning to him.
That is criminal damage. Hard to prove though. However more and more people
install security cameras. As we all should.

Baz