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" The reason he gave for his judgment was because it was the defendant's wall, and the defendant's filth, and he was bound of common right to keep his wall so as his filth might not damnify his... "
The Law of Railways: Embracing Corporations, Eminent Domain, Contracts ... - Page 463
by Isaac Fletcher Redfield - 1867
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Reports of Cases Adjudged in the Court of King's Bench: With Some ..., Volume 1

Great Britain. Court of King's Bench, William Salkeld - Law reports, digests, etc - 1795 - 534 pages
...trefpafs on his Nat. Brev. 127. neighbour, as if his beads fhould efcape, or one fhould 9 c°- Alered'a make a great heap on the border of his ground, and it ^е; p^-l'°Ihould tumble and roll down upon his neighbour's. That j si.i'. t\j. the cafe might indeed...
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A practical treatise on ecclesiastical and civil dilapidations ...

James Elmes - 1829 - 494 pages
...19. Vent. vol. ip J37. 239. 319. Reg. 153 i. Fiti. Nat. Brev. 1J7 ci neighbour («); as if his beasts should escape, or one should make a great heap on...ground, and it should tumble and roll down upon his neighbour's. That the case niigh tin deed possibly be such, that the defendant might not be bound to...
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - Law reports, digests, etc - 1846 - 1124 pages
...filth might not damnify his neighbour, and that it was trespass on his neighbour, as if his beasts should escape, or one should make a great heap on...ground, and it should tumble and roll down upon his neighbour's." It was, therefore, a very different case from the present. There, there was no barrier...
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The New Reports, Containing Cases Decided in the Courts ..., Issue 40, Volume 2

1863 - 620 pages
...applies, that if a man on his own land makes any filth, as it is put in the report in Salkeld (360), "he whose dirt it is must keep it, that it may not trespass." I think, therefore, the defendant was under an obligation to take care that it did not go...
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The Weekly Reporter

Law reports, digests, etc - 1863 - 804 pages
...dispose of. Then the law is (as it is quaintly laid down in Tenant v. folding, Salk. 21, 300) that "he whose dirt it is must keep it that it may not trespass." In point of fact in this case, the water, tainted with lead, came and mingled with the plaintiff's...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 62

Great Britain. Courts - Law reports, digests, etc - 1865 - 664 pages
...filth might not damnify his neighbour; and that it was a trespass on his neighbour, as if his beasts should escape, or one should make a great heap on...ground, and it should tumble and roll down upon his neighbour's." In Tubervil v. Stamp, 1 Salk. 13, 1 Ld. Raym. 264, 1 Comyn's Rep. 32,—which was an...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Volume 4

William Mawdesley Best, Great Britain. Court of Queen's Bench, George James Philip Smith - Law reports, digests, etc - 1865 - 1086 pages
...consequently, if filth is created on any man's land, then, in the quaint language of the report in Salk. 361, "he whose dirt it is, must keep it that it may not trespass." Now here, by a roundabout course of going through drains and swallets, (a) 7 HLC 349. TRINITY...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1866 - 702 pages
...if filth is created on any man's land, then, in the quaint language of the report in Salk. 3*31, " he whose dirt it is, must keep it that it may not trespass." Now here, by a roundabout course of going through drains and swallets, *the foul water was...
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A Handy Book on Property Law: In a Series of Letters

Edward Burtenshaw Sugden - Law - 1869 - 334 pages
...consequently if filth is created on any man's land, then, in the quaint language of an early report, " he whose dirt it is must keep it, that it may not trespass;" — the water should reach the person entitled to it pure and unpolluted. You may sink a...
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Curiosities of the Law Reporters

Franklin Fiske Heard - Curiosities of the law - 1871 - 234 pages
...consequently, if filth is created on any man's land, then in the quaint language of the report in Salkeld, 2 ' he whose dirt it is must keep it that it may not trespass.' " 8 1 Mayo ». Hutchinson, 57 Maine, p. 547. 2 Tenant ». Goldwin, Salk. p. 361. T3 ELLEWE,...
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