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Animal Law Keyed to Wagman
Baugh v. Beatty
Citation:
91 Cal. App. 2d 786, 205 P.2d 671 (1949)Facts
The plaintiff, a 4-year-old minor, attended a circus operated by the defendants with his parents. After the main performance, they went to the “animal tent” where various animals were displayed in circus wagon cages. The chimpanzee was kept in a cage with vertical iron bars set approximately 3 inches apart with no mesh wire to prevent the animal from reaching through the bars. The wagon was set back about 5 feet from a rope barrier that was 3 feet above the ground, but there was no fence under the rope to keep small children back and no guard near the cage. At the time of the incident, 100-200 people were gathered along the rope, with some adults reaching over to feed peanuts to the chimpanzee. At the child’s request, his father put him down, and the child made his way through the crowd, under the rope, and up to the cage. The child was seen holding a peanut up to the animal, which reached through the bars, grabbed the child’s hand, and bit him.
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