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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... "
A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of ... - Page 679
by Thomas McIntyre Cooley - 1888 - 899 pages
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The American and English Encyclopedia of Law, Volume 8

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1889
...likely to do mischief if it escape, must keep it in at his peril, and if he does not do so is prima fade 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....
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American Constitutional Law, Volume 1

John Innes Clark Hare - Constitutional law - 1889
...anything likely to do mischief if it escapes, must keep it 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. . . . The person whose grass or corn is eaten or trodden down by the escaping cattle of his neighbor,...
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A Treatise on the Law of Agency: Including Not Only a Discussion of the ...

Floyd Russell Mechem - Agency - 1889 - 979 pages
...anything likely to do mischief if it escapes, to keep it in at his peril; and if he does not do so, he ia prima facie answerable for all the damage which is the natural consequence of its escape.4 This distinction has been stated in a recent case as follows : " If the work to be done is...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - Torts - 1890 - 616 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...
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Cases on Torts: Selected and Arranged for the Use of Law Students in ...

Francis Marion Burdick - Torts - 1891 - 384 pages
...anything likely to do mischief if it escapes, must keep it in a^his peril, and if he does not do so, is pr'ima 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...
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Commentaries on the Present Laws of England, Volume 1

Thomas Brett - English law - 1891 - 1294 pages
...anything likely to do mischief if it escapes, must keep it at his peril, and, if ho does not do so is prima facie answerable for all the damage which...excuse himself by showing that the escape was owing Fletcher. if) ^ plaintiff-,, default; or perhaps that the escape was the consequence of vis major,...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volume 1

Theodore Sedgwick, Arthur George Sedgwick - Damages - 1891
...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." In support of this doctrine, he cited the rule in the case of cattle escaping from control, without...
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The American and English Railroad Cases: A Collection of All ..., Volume 47

Railroad law - 1891
...anything likely to do mischief if it escapes, to keep it in at his peril; and if he does not do so, he is prima facie answerable for all the damage which is the natural consequence of its escape." In stating the first branch of this proposition, the author was not as guarded in the language employed...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 87

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1891
...anything likely to do mischief if it escapes, to keep it in at his peril ; and if he does not do so, he is prima facie answerable for all the damage which is the natural consequence of its escape." In stating the first branch of this proposition, the author was not as guarded in the language employed...
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Essays in Jurisprudence and Legal History

Sir John William Salmond - Contracts - 1891 - 236 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. . . . This, we (1) May . Burdett, 9 QB 101. think, is established to be the law, whether the things...
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