The owner of an animal or the person who has the exclusive control of it is liable for injuries which he negligently suffers it to commit. This liability stands upon the ground of actual or presumed negligence. If the injury is committed while trespassing upon land the owner is responsible for damage directly resulting as a natural consequence. In other cases he may be liable although there is no trespass and the animal is rightfully in its place; as where the injury comes from the vicious disposition or mischievous habits of the animal of which the owner had previous actual notice; or where, without actual notice, the disposition and habits are so universal among the species that notice is presumed, as in the case of wild and savage beasts. The owner or keeper of such animals, without actual or implied notice of their character, is bound at his peril to keep them at all times and in all places properly secured, and is responsible to any one who without fault in himself is injured by them.1 Animals feræ naturæ, as a class, are known to be mischievous; and the rule is well settled that whoever undertakes to keep any such animal in a place of public resort is or may be liable for injuries inflicted by it on a party who is without fault. It is not necessary to aver negligence in the keeper, as the burden is upon the defendant to disprove that implied imputation; it is enough to aver ferocity in the animal and knowledge of that fact in the defendant. Certain animals feræ naturæ may doubtless be domesticated to such an extent they may be classed with tame animals; but as they are prone to relapse into their wild habits and to become mischievous, the rule is that if they do so, and the owner becomes notified, they will thereafter be viewed as not having been thoroughly and safely domesticated.2 See ACCESSION; AGIST; ALIVE; AT LARGE; BAIT, 2; CATTLE; CRUELTY, 3; DAMAGE, Feasant; DISTRESS; ESTRAY; FENCE; GAME, 1; IMPLEMENTS; LEVANT; MAIM, 2; NUISANCE; OYSTER; PARTUS; POUND, 2; SOUND, 2 (2); Ѕтоск, 1; TEAM; TRESPASS; VICIOUS; WANTON; WARRANTY, 2; WARREN; WORRY; WOUND. Harrington v. Miles, 11 Kan. 483-84 (1873), cases: 15 Am. Rep. 356, cases; State v. Doe, 79 Ind. 9 (1881), cases; Jemison v. Southwestern R. Co., 75 Ga. 445 (1885). 1 Lyons v. Merrick, 105 Mass. 76 (1870), Colt, J.; Hewes v. McNamara, 106 id. 281 (1871); Mann v. Weiand, 81* Pa. 253-55 (1875), cases; Marble v. Ross, 124 Mass. 47-49 (1878), cases; Linnehan v. Sampson, 126 id. 510-11 (1879), cases; Muller v. McKeeson, 73 N. Y.198-204 (1878), cases; Lynch v. McNally, ib. 349 (1878); State v. Harriman, 75 Me. 562 (1884); 56 Ala. 402; 49 Conn. 113; 69 Ga. 447; 75 III. 141; 88 id. 132; 35 Ind. 178; 34 Mich. 283; 27 Pa. 331; 15 id. 188; 51 Vt. 18; 38 Wis. 307; 2 Alb. L. J. 101; 20 id. 6, 104; 46 Am. R. 425. As to animals trespassing on a railroad track, see Kansas City, &c. R. Co. v. Kirksey, 48 Ark. 376 (1886), cases. 2 Congress & Empire Spring Co. v. Edgar, 99 U. S. 651-56 (1878), Clifford, J., citing many cases. The plaintiff below, one Mrs. Edgar, while visiting Congress Spring park, Saratoga, N. Y., was injured by a deer. The jury awarded her $6,500 damages, and the judgment therefor was affirmed by the circuit court for To put in permanent connection with; to attach. As, to annex -- a fixture to a freehold; a condition to an estate; a covenant to land; one writing to another, as, an exhibit to a petition or affidavit of claim; one town to another town.2 Figuratively, a penalty or punishment is said to be annexed to an act.3 Annex incidents. To show what things are customarily treated as incidental and accessorial to the principal thing.4 Actual annexation. Such annexation as exists in point of fact; as, that of a fixture to a freehold. Constructive annexation. Exists in inference of law; as, that of a deed to land, that of a key to a house. A fixture is "annexed to the freehold" when fastened to or connected with it. Mere juxtaposition, or the laying of an object, however heavy, on the freehold, does not amount to an annexation. A deposition taken under a commission is suffithe northern district of New York and by the United States Supreme Court. See also Twigg v. Ryland, 62 Md. 385-88 (1884), cases: 24 Am. Law Reg. 191, 196-97, cases; Meracle v. Down, 64 Wis. 323 (1885); Laherty v. Hogan, 13 Daly, 533 (1886); State v. Donahue, N. J. L. (1887), cases: 10 Atl. Rep. 150; 26 Am. Law Reg. 773-78 (1887), cases. "If an ox gore a man or a woman that they die and if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman, the ox shall be stoned, and his owner also shall be put to death." Exodus, xxi, 28, 29. 1 F. annexer: L. annectere, to knit, tie, bind to. 2100 U. S. 530; 74 Me. 180, 31 Bl. Com. 415. 41 Greenl. Ev. § 294. 5 Merritt v. Judd, 14 Cal. 64 (1859): 2 Sm. L. C. 296.