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" 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... "
Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio ... - Page 342
by William John Tossell - 1902
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The Law Times, Volume 46

Law - 1869 - 492 pages
...was the consequence of vit major or of : In- act of God ; but, as nothing of this sort exist* 1ère, it is unnecessary to inquire what excuse would be...above stated seems on principle just. The person whose ;rass or corn is eaten down by the escaping* :attle of his neighbour, or whose raine is flooded by...
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The Journal of Jurisprudence, Volume 10

Law - 1866 - 722 pages
...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 is flooded by the water from his neighbour's reservoir, or whose cellar is...
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The Law of Railways: Embracing Corporations, Eminent Domain ..., Volume 1

Isaac Fletcher Redfield - Railroad law - 1867 - 744 pages
...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 to inquire what...his neighbor, or whose mine is flooded by the water bearing upon questions which are liable to arise in the course of the construction and operation of...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 4; Volume 140

Great Britain. Court of Exchequer - Law reports, digests, etc - 1868 - 778 pages
...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...or corn is eaten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his neighbour's reservoir, or whose cellar is...
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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volume 5

Louis Arthur Goodeve - Law reports, digests, etc - 1870 - 982 pages
...major, or the act of God ; but as " nothing of this sort exists here, it is unnecessary to enquire what " excuse would be sufficient. The general rule,...corn is eaten " down by the escaping cattle of his neighbour, or whose mine is " flooded by the water from his neighbour's reservoir, or whose " cellar...
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A Handy Book on Property Law: In a Series of Letters

Edward Burtenshaw Sugden - Law - 1869 - 334 pages
...as the trespass was occasioned by his neglect to keep up the first fence. The general rule is, that the person whose grass or corn is eaten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his neighbour's reservoir, or whose cellar is...
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - Justices of the peace - 1870 - 672 pages
...perhaps, that the escape was the consequence of vis major or of the act of God ; but, as nothing of this sort exists here, it is unnecessary to inquire...or corn is eaten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his neighbour's reservoir, or whose cellar is...
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - Justices of the peace - 1870 - 668 pages
...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...on principle just. The person whose grass or corn ia caten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his...
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The Central Law Journal, Volume 9

Law - 1879 - 540 pages
...perhaps, 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 to inquire what...his neighbor, or whose mine is flooded by the water of his neighbor's reservoir, or whose cellar is invaded by the filth of his neighbor's privy, or whose...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - Legal maxims - 1874 - 880 pages
...liable for the consequences if it escapes and does injury to his neighbor."1 " The person," therefore, " whose grass or corn is eaten down by the escaping...whose mine is flooded by the water from his neighbor's reservoir,2 or whose cellar is invaded by tha filth of his neighbor's privy, or whose habitation is...
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