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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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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 12

William John Tossell - Law reports, digests, etc - 1902
...he does not do so, is prima facie answerable for all the damage which is the Harrison Circuit Court. natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's delault ; or perhaps that the escape was the consequence of vis major, or the act of God...
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The American and English Encyclopedia of Law, Volume 1

James Cockcroft, David Shephard Garland, Lucius Polk McGehee, Charles Porterfield - Law - 1896
...brings on his lands and collects and keeps there anything likely to do mischief if it escapes * * * is prima facie answerable for all the damage which is the natural consequence of its escape." This doctrine was repudiated in Losee v. Buchanan, 51 NY 476, 10 Am. Rep. 623, where it was. held that...
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Elements of the Law of Torts for the Use of Students

Melville Madison Bigelow - Torts - 1896 - 416 pages
...Richards, 7 HL Cas. 849. there at his peril ; and if he does not, he will be answerable, prima facie, for all the damage which is the natural consequence of its escape ; and this however careful he may have been, and whatever precautions he may have taken to prevent...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - Torts - 1897 - 659 pages
...likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is 1mma facie 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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A Treatise on the American Law Relating to Mines and Mineral Lands ..., Volume 2

Curtis Holbrook Lindley - Mineral lands - 1897 - 1526 pages
...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 down by the escaping cattle of his neighbor, or whose...
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Engineering and Architectural Jurisprudence: A Presentation of the Law of ...

John Cassan Wait - Architects - 1897 - 905 pages
...anything likely to do mischief if it escapes, to confine it at his peril. If he does not do so, he is prima facie answerable for all the damage which is the natural consequence of its escape." ' This distinction has been stated in a recent case as follows: " If the work to be done is committed...
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The Legal News, Volume 2

James Kirby - Law - 1897
...likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is jrrinia facie answerable for all the damage which is the natural consequence of its escape." This statement of the law was cited and approved of in the judgment of the House of Lords in the same...
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Engineering and Architectural Jurisprudence: A Presentation of the Law of ...

John Cassan Wait - Architects - 1897 - 905 pages
...likely to do mischief if it escapes, to confine it at his peril. If he does not do so, he is pruna facie answerable for all the damage which is the natural consequence of its escape." ' This distinction has been stated in a recent case as follows: " If the work to be done is committed...
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The Law of Petroleum and Natural Gas: With Forms

George Bryan - Natural gas - 1898 - 521 pages
...keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage that is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to plaintiffs default ; or, perhaps, that the escape was the consequence of a vis major, or the act of...
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Southern Cross: Civil Law and Common Law in South Africa

Reinhard Zimmermann, Daniel Visser, D. P. Visser - History - 1996 - 892 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.' accepted that the notion of 'natural and ordinary user' can be equated with the agricultural exception...
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