The appellants appealed a Deputy Judge's decision finding them liable for the escape and subsequent death of the respondents' dog while in their care.
The Divisional Court found that while the Deputy Judge correctly identified the standard of care as that of a simple bailee, he erred by applying a higher standard in his specific findings.
The court held that the appellant veterinarian took adequate precautions by using two leashes, and the dog's unprecedented escape was not reasonably foreseeable.
The appeal was allowed and the action dismissed.