 | Sydney Hastings - Torts - 1885 - 532 pages
...to do mischtef tf it escapes, must keep it in at his peril, and if he does not do so, is primd facic answerable for all the damage which is the natural consequence of its escape, however careful he may have been, and whatever precaution he may have taken to prevent the damage (u).... | |
 | Law reports, digests, etc - 1894 - 1156 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." LR l Exch. 265. In affirming the exchequer chamber, Lord Chancellor Cairns says: "The defendants, treating... | |
 | Charles Collett - Damages - 1886 - 526 pages
...land and collects and keeps there anything, as water, likely to do mischief if it escapes, is primd facie answerable for all the damage which is the natural consequence of its escape.3 But he will be excused by showing that the escape was the consequence of vis major or the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1887 - 1004 pages
...to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is primafade 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 n» major or the act of God;... | |
 | Electronic journals - 1909 - 672 pages
...held in England that "a person who brings upon his land anything likely to do mischief if it escapes is prima facie answerable for all the damage which is the natural consequence of its escape." Rylands v. Fletcher, LR 3 HL 330. This extraordinary liability does not extend to everything brought... | |
 | Electronic journals - 1916 - 948 pages
...likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is primti facie answerable for all the damage which is the natural consequence of its escape." Blackburn, J., in Fletcher ». Rylands, LR i Ex. 265, 279 (1866). "My Lords, I concur with my noble... | |
 | Electronic journals - 1917 - 914 pages
...liability, viz., "by showing that the escape was owing to the plaintiff's default," "or perhaps that escape was the consequence of vis major or the act of God." Nothing can be more general or sweeping than the word "anything" standing alone. Here it is qualified... | |
 | John William Smith - Law reports, digests, etc - 1888 - 846 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 vis major or the act of God."]... | |
 | Stephen Martin Leake - Real property - 1888 - 662 pages
...anything likely to do mischief if it escapes, must keep it in at his peril ; and if he docs not do so, is prima facie answerable for all the damage which is the natural consequence of its escape "(r). So it is laid down that, " if any one by artificial erection on his own land causes water, even... | |
 | Law reports, digests, etc - 1888 - 1088 pages
...person who bringe on his land a wild beast, or water, filth, or «tench, and allows it to escape) " can excuse himself by showing that the escape was owing to the plaintiff's default; or, perhaps, that the escape wae due to vu major or the act of God." Of course,... | |
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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... 
