 | Law - 1869 - 492 pages
...and if in the course of their doing it the evil arose to which I have referred — the evil namely, of the escape of the water, and its passing away to...consequence of that, in my opinion, the defendants should be liable. As the case of Smith v . Kendrick is an illustration of the first principle to which... | |
 | Law - 1874 - 436 pages
...interposing some barrier between his close and the close of the defendants, in order to have prevented that operation of the laws of nature. On the other hand,...the principle of the decision : " If a person brings and accumulates on his land any thing which, if it should escape, may cause damage to his neighbor,... | |
 | Great Britain. Magistrates' cases - Justices of the peace - 1870 - 672 pages
...and if in the course of their doing it the evil arose to which I have referred — the evil, namely, of the escape of the water, and its passing away to...that, in my opinion, the defendants would be liable. As the case of Smith v. Kenilrick is an illustration of the first principle to which I have referred,... | |
 | William Macpherson, Herbert Cowell, Arthur Maynard Talbot - Law reports, digests, etc - 1874 - 432 pages
...ground in quantities, and in a manner not the result of any work or operation on or under the land; and if in consequence of their doing so, or in consequence...that, in my opinion, the Defendants would be liable." JO which, if it should escape, may cause damage to his neighbour, he 1874 does so at his peril. If... | |
 | Francis Wharton - Negligence - 1874 - 960 pages
...and if, in the course of their doing it, the evil arose to which I have referred, the evil, namely, of the escape of the water and its passing away to...plaintiff and injuring the plaintiff, then for the consequences of that, in my opinion, the defendants would be liable. As the case of Smith r. Kenrick... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - Canals - 1880 - 788 pages
...and if, in the course of their doing it, the evil arose to " which I have referred, the evil, namely, of the escape of " the water and its passing away to the close of the plain" tiff and injuring the plaintiff, then for the consequence " of that, in my opinion, the defendants... | |
 | John Coke Fowler - Coal mines and mining - 1884 - 472 pages
...were doing at their own peril. And if in the course of their doing it the evil arose of the escape of water, and its passing away to the close of the plaintiff...that. in my opinion, the defendants would be liable. As Smith v. Kenrick is an illustration of the first principle to which I have referred, so is Baird... | |
 | Law reports, digests, etc - 1894 - 1156 pages
...if, in the course of their doing it, the evil arose, to which I have referred,— the evil, namely, of the escape of the water, and its passing away to...close of the plaintiff, and injuring the plaintiff there, — for the consequence of that, in my opinion, the defendants would be liable." Now, in this... | |
 | Ontario. Legislative Assembly - Ontario - 1893 - 472 pages
...and if in the course of their doing it, the evil arose to which I have referred, the evil, namely, of the escape of the water and its passing away to the close of the plaintiff, then for the consequences of that, in my opinion, the defendants would be liable As the case of timitk... | |
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... mode of their doing so, the water came to escape and to pass off into the close of the Plaintiff, then it appears to me that that which the Defendants were doing they were doing at their own peril; and, if in the course of their doing it, the evil... 
