 | William John Tossell - Law reports, digests, etc - 1902 - 942 pages
...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... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - Law - 1896 - 1344 pages
...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... | |
 | Melville Madison Bigelow - Torts - 1896 - 468 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... | |
 | Frederick Pollock - Torts - 1897 - 712 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... | |
 | Curtis Holbrook Lindley - Electronic books - 1897 - 888 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... | |
 | John Cassan Wait - Architects - 1897 - 1022 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... | |
 | James Kirby - Law - 1897 - 452 pages
...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... | |
 | John Cassan Wait - Architects - 1897 - 1000 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... | |
 | George Bryan - Natural gas - 1898 - 558 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... | |
 | Reinhard Zimmermann, D. P. Visser - History - 1996 - 1218 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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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... 
