 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1872 - 788 pages
...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 for all the damage which is the natural consequence of its escape." It is added: "He can excuse himself by showing that the escape was owing to the plaintiff's default."... | |
 | John Coke Fowler - Coal mines and mining - 1872 - 512 pages
...do so, is primd facie answerable for all the damage which is the natural consequence if it escapes. 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 of the act of... | |
 | Law - 1896 - 542 pages
...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 for all the damage which...himself by showing that the escape was owing to the plaintiff's default, or, perhaps, that the escape was the consequence of ari's major, or the act of... | |
 | Law - 1879 - 540 pages
...to do mischief if it escapes, must keep it in at his peril ; and if he does not do so is primajacie answerable for all the damage which is the natural...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;... | |
 | Francis Wharton - Negligence - 1874 - 960 pages
...likely to' do mischief if it escapes, must keep it 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. Mr. Justice Blackburn, writing the opinion of the court, says : ' The question of law therefore arises,... | |
 | Law - 1920 - 496 pages
...to do mischief if it escapes, must keep it In at his peril, and, if he does not do so, is prima Jade answerable for all the damage which is the natural consequence of its escape." In the Fletcher case defendant had constructed a reservoir, the waters of which broke through the bottom... | |
 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1875 - 410 pages
...consequence of its escape. He can excuse himself by shewing 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." This passage was cited with approval by Lord Cairns, C., and Lord Cranworth on appeal. (3) (1) Law... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...his land, and collects and keeps there, any thing likely to do mischief if it escapes; such a person is prima facie answerable for all the damage which is the natural consequence of an escape. Rylands r. Fletcher, Law R. 3 HL 330 ; sc Law R. 1 Ex. 265, reversing S. c. 3 Hurl. & C.... | |
 | Law - 1875 - 682 pages
...likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so he is primct 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... | |
 | Charles Greenstreet Addison - Torts - 1876 - 832 pages
...and collects and keeps there, anything likely to do mischief if it escapes, such as water or cattle, is prima facie answerable for all the damage which is the natural consequence of its escape, although he has not been guilty of any negligence(d). The owner of one story of a house, however, is... | |
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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... 
