Behrens And Another v. Bertram Mills Circus Ltd

2 QB 1 (1957)

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Nature of the Case

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Facts

Behrens (Ps) were husband and wife. Both were midgets. The male plaintiff was 30 inches high and claimed to be the smallest man in the world; he was uncommon among midgets in that he was perfectly proportioned. His wife was 36 inches high and was not perfectly proportioned. Ps were on exhibition in a booth in the funfair adjoining Bertram's (D) circus. Ps and their manager were under license from D. D kept six female Burmese elephants which performed in the circus. Ps' booth was in a passageway leading from the funfair to the circus ring along which the elephants, escorted by their trainer and grooms, passed several times a day on their way to and from the circus ring. Ps' manager had in the pay box of their booth a small dog which had been introduced into the premises contrary to D's rules. The dog ran out barking and snapping at one of the elephants as it passed by. The elephant turned and went after the dog, followed by some of the other elephants. Ps' booth was knocked down. None of the elephants directly attacked anyone. The female was seriously injured by the booth collapsing and was incapacitated until the middle of June 1954, when she was fit to do light work. She was. unable to play her musical instruments as well as she had done before the accident, but was not completely incapacitated from taking part in any musical act and could play well enough to afford supplementary interest while her husband was on the stage. Ps did not take work again until April 2, 1956. Mr. Behrens could have obtained work without her, and her injuries did not put an end to his professional livelihood. Pa were exceptionally dependent upon each other and that it would not even be considered that one should go away to work without the other. Ps knew that dogs were not allowed. Ps alleged that Ds wrongfully kept the elephants, which were wild animals and of a dangerous, mischievous and/or vicious nature. Ps claimed damages and alleged trespass, negligence, and breach of duty by Ds. Ds denied that the elephants were wild or of a dangerous, vicious or mischievous nature, or that they were wrongfully kept. Ds contend that the matters complained of were caused by the wrongful act of a third party in causing or permitting the dog to be on the premises. The allegations of trespass, negligence, and breach of duty were denied.