Animal


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ANIMAL, property. A name given to every animated being endowed with the power of voluntary motion. In law, it signifies all animals except those of the him, in species.
     2. Animals are distinguished into such as are domitae, and such as are ferae naturae.
     3. It is laid down, that in tame or domestic animals, such as horse, swine, sheep, poultry, and the like, a man may have an absolute property, because they continue perpetually in his possession and occupation, and will not stray from his house and person unless by accident or fraudulent enticement, in either of which cases the owner does not lose his property. 2 Bl. Com. 390; 2 Mod. 319. 1.
     4. But in animals ferae naturae, a man can have no absolute property; they belong to him only while they continue in his keeping or actual possession; for if at any they regain their natural liberty, his property instantly ceases, unless they have animum revertendi, which is only to be known by their usual habit of returning. 2 Bl. Com. 396; 3 Binn. 546; Bro. Ab. Propertie, 37; Com. Dig. Biens, F; 7 Co. 17 b; 1 Ch. Pr. 87; Inst. 2, 1, 15. See also 3 Caines' Rep. 175; Coop. Justin. 457, 458; 7 Johns. Rep. 16; Bro. Ab. Detinue, 44.
     5. The owner of a mischievous animal, known to him to be so, is responsible, when he permits him to go at large, for the damages he may do. 2 Esp. Cas. 482; 4 Campb. 198; 1 Starkie's Cas. 285; 1 Holt, 617; 2 Str.1264; Lord Raym. 110; B. N. P. 77; 1 B. & A. 620; 2 C. M.& R. 496; 5 C.& P. 1; S. C. 24 E. C. L. R. 187. This principle agrees with the civil law. Domat, Lois Civ. liv. 2, t. 8, s. 2. And any person may justify the killing of such ferocious animals. 9 Johns. 233; 10. Johns. 365; 13 Johns. 312. The owner, of such an animal may be indicted for a common nuisance. 1 Russ. Ch. Cr. Law, 643; Burn's Just., Nuisance, 1.
     6. In Louisiana, the owner of an animal is answerable for the damage he may cause; but if the animal be lost, or has strayed more than a day, he may discharge himself from this responsibility, by abandoning him to the person who has sustained the injury; except where the master turns loose a dangerous or noxious animal; for then he must pay all the harm done, without being allowed to make the abandonment. Civ. Code, art. 2301. See Bouv. Inst. Index, h.t.

References in classic literature ?
To begin with, many instincts mature gradually, and while they are immature an animal may act in a fumbling manner which is very difficult to distinguish from learning.
To take extreme cases, every animal at birth can take food by instinct, before it has had opportunity to learn; on the other hand, no one can ride a bicycle by instinct, though, after learning, the necessary movements become just as automatic as if they were instinctive.
An immense track, of dazzling whiteness, marked the passage of the animal, and described a long curve.
The latter, after having observed the animal attentively, called the engineer.
In a like manner, in Siberia, we have woods of birch, fir, aspen, and larch, growing in a latitude [10] (64 degs.) where the mean temperature of the air falls below the freezing point, and where the earth is so completely frozen, that the carcass of an animal embedded in it is perfectly preserved.
The great size of the bones of the Megatheroid animals, including the Megatherium, Megalonyx, Scelidotherium, and Mylodon, is truly wonderful.
--O mine animals, answered Zarathustra, talk on thus and let me listen!
--"O Zarathustra," said then his animals, "to those who think like us, things all dance themselves: they come and hold out the hand and laugh and flee--and return.
I may add, that as some organisms will breed most freely under the most unnatural conditions (for instance, the rabbit and ferret kept in hutches), showing that their reproductive system has not been thus affected; so will some animals and plants withstand domestication or cultivation, and vary very slightly--perhaps hardly more than in a state of nature.
To judge how much, in the case of any variation, we should attribute to the direct action of heat, moisture, light, food, &c., is most difficult: my impression is, that with animals such agencies have produced very little direct effect, though apparently more in the case of plants.
of us will join any organization for the prevention of cruelty to animals, and by our words and acts and contributions work to prevent the perpetration of cruelties on animals.
"But I like the animals better than the `best people'," said the Doctor.