Byram v. Main (1987)
523 A.2d 1387 (Me. 1987)
Author: VanderBucks

Parties:                         Appellee – Plaintiff – Byram

                                    Appellant - Defendant – Main

Court:                           Court of Appeals, Maine, 1987

Facts:                           Main’s daughter’s pet donkey, Meadow, escaped from its enclosure and ventured onto I-95 where Byram’s tractor-trailer collided with it and caused injuries and damages.

Procedural Posture:                        TC – held Main was strictly liable for damages created by his donkey.

Issue:                            Is the owner of a domesticated animal that escapes unknown to the owner held strictly liable for damages and injuries to the plaintiff?

Judgment:                     Vacated and remanded to TC for judgment to the Defendant.

Holding:                        The court held that the owner should be only held to a negligence claim for letting his donkey to escape and venture onto a highway. It is up to public policy makers to decide through statute to hold them more liable.

Relevant

Rule:                             Owner’s of domesticate animals that do not trespass are only held to levels of negligence.