50. Damage caused by infected animals.

The common law affecting diseases of animals1 concerned itself primarily with liability to third parties for damage arising out of their condition.

Thus the owner or possessor of animals having an infectious or contagious disease is liable for the damage caused by their infected state in the following cases:

  1.  

    (1)     if, knowing them to be suffering from an infectious or contagious disease, he allows them to mingle with the animals of another person2;

  2.  

    (2)     if, knowing that they are diseased and infectious to persons handling them, he employs a person to handle their carcases who is ignorant of their state,