 We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable...  The Pacific Reporter - Page 801910Full view - About this book
 | Law reports, digests, etc - 1872 - 978 pages
...do mischief if it escapes, must keep it in at his peril, and that if he does not do so, he is prima facie answerable for all the damage, which is the natural consequence of its escape." The declaration distinctly alleges negligence on the part of the defendant, and the novelty of the... | |
 | Law - 1869 - 492 pages
...it escapee must keep it u at his peril, and if he does not do so is prima facie answerable for all damage which is the natural consequence of its escape. He can excuse himself by showing that the escape wasowing to the plaintiff's default, or, perhaps, that the escape was the consequence of vit major... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1910 - 804 pages
...likely to do mischief if it escapes, to keep it in at his peril; and if he does not do so, he is prima facie answerable for all the damage which is the natural consequence of its escape. " Mechem on Agency, § 747, and cases cited. These distinctions were considered in the cases above... | |
 | Law - 1866 - 722 pages
...likely to do mischief if it escapes, must keep it at his peril, and that if he does not he is prima facie answerable for all the damage which is the natural consequence of its escape. The person whose grass or corn is eaten down by the escaping cattle of his neighbour, or whose mine... | |
 | Isaac Fletcher Redfield - Railroad law - 1867 - 744 pages
...to do mischief if it escapes, must keep it at his peril, and that if he does not do so, he is primd facie answerable for all the damage which is the natural...can excuse himself by showing that the escape was the consequence of vis major, or the act of God ; but, as nothing of the sort exists here, it is unnecessary... | |
 | Louis Arthur Goodeve - Law reports, digests, etc - 1870 - 982 pages
...consequence of its esKOEOI.EB « Cftpe< jje can excuse himself by showing that the escape was YULE. « owing to the plaintiff's default ; or, perhaps, that...consequence of vis major, or the act of God ; but as " nothing of this sort exists here, it is unnecessary to enquire what " excuse would be sufficient.... | |
 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1868 - 778 pages
...likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prinia facie answerable for all the damage which is the natural consequence of its escape. The defendant made a reservoir for water on his land, and in the selection of the site and the planning... | |
 | Great Britain. Magistrates' cases - Justices of the peace - 1870 - 668 pages
...do mischief, if it escapes must keep it in at his peril, and if he does not do so is /iriiiia far.it answerable for all the damage which is the natural...or, perhaps, that the escape was the consequence of DIS major or of the act of (rod ; but, as nothing of this sort exists here, it is unnecessary to inquire... | |
 | Great Britain. Magistrates' cases - Justices of the peace - 1870 - 672 pages
...likely to do niiichief, if it escapes must keep it in at his peril, and if he docs not do so is primd facie answerable for all the damage which is the natural...consequence of its escape. He can excuse himself by showing tliat the escape was owing to the plaintiff's default, or, perhaps, that the escape was the consequence... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1907 - 1382 pages
...likely to do mischief if it escapes, must keep it in at his peril ; and, if he does not do so, is primd facie answerable for all the damage which is the natural consequence of its escape." This rule has been applied to dangerous animals; 1 Hale P. C. 430; Cox v. Burbridge, 13 CB (NS) 430;... | |
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