The Bengal Law Reports of Decisions of the High Court at Fort William Civil and Criminal in Its Original and Appellate Jurisdictions: Privy Council Decisions on Indian Appeals; Orders and Rules of the High Court; and Revenue Circular Orders ..., Volume 5
Louis Arthur Goodeve
Printed and pub. for the Bengal Council of Law Reporting by Thacker, Spink, & Company, 1870 - Law reports, digests, etc
Vol. 6-9 include also acts of the Supreme Council; v. 6-8, acts of the Bengal Council.
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Page 419 - ... 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 for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default, or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 417 - 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 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 and injuring the Plaintiff, then for the consequence of that, in my opinion, the Defendants would be liable.
Page 433 - ... may, in the present case, be left out, and then the question is, has the prisoner taken an unmarried girl under the age of sixteen out of the possession of, and against the will of her father?
Page 441 - in trust for such objects of benevolence and liberality as the trustee in his own discretion shall most approve, cannot be * supported as a charitable legacy ; and is therefore a trust [ * 80 ] for the next of kin.
Page 207 - ... writing, signed by such committee or any two of them, or any two of the directors, and in the same manner may vary or discharge the same...
Page 54 - Now, assuming (what I am by no means disposed to admit) that the state of feeling towards women in the United States is such as these remarks suggest, it is to be observed in the first place that it is a...
Page 419 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 495 - Hindoo persuasions, the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled.
Page 76 - ... is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion ; for it is not to lead a rash and intemperate judgment, moving upon appearances that are equally capable of two interpretations ; neither is it to be a matter of artificial reasoning, judging upon such things differently from what would strike the careful and cautious consideration of a discreet man.