 | John Innes Clark Hare - Constitutional law - 1889 - 744 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 or trodden down by the escaping cattle of his neighbor,... | |
 | Floyd Russell Mechem - Agency - 1889 - 1086 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... | |
 | Frederick Pollock - Torts - 1890 - 694 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... | |
 | Francis Marion Burdick - Torts - 1891 - 416 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... | |
 | Thomas Brett - English law - 1891 - 660 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,... | |
 | Theodore Sedgwick, Arthur George Sedgwick - Damages - 1891 - 742 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." In support of this doctrine, he cited the rule in the case of cattle escaping from control, without... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1891 - 912 pages
...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... | |
 | Sir John William Salmond - Contracts - 1891 - 256 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 ยป. Burdett, 9 QB 101. think, is established to be the law, whether the things... | |
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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... 
