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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... "
The Pacific Reporter - Page 80
1910
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Collieries and Colliers: A Handbook of the Law and Leading Cases Relating ...

John Coke Fowler - Coal mines and mining - 1872 - 432 pages
...do so, is primd facie answerable for all the damage which is the natural consequence if it escapes. He can excuse himself by showing that the escape was...that the escape was the consequence of vis major, or of the act of God. The general rule seems, on principle, just. The person whose grass is eaten down...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 1

Nathaniel Cleveland Moak - Law reports, digests, etc - 1872
...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." It is added: "He can excuse himself by showing that the escape was owing to the plaintiff's default."...
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The Central Law Journal, Volume 9

Law - 1879
...to do mischief if it escapes, must keep it in at his peril ; and if he does not do so is primajacie answerable for all the damage which is the natural...the consequence of vis major, or the act of God; but as nothing of the sort exists here, it is unnecessary to inquire what excuse would be sufficient. The...
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The Central Law Journal, Volume 43

Law - 1896
...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...or, perhaps, that the escape was the consequence of ari's major, or the act of God. • • • The general rule, as above stated, seems, on principle,...
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A Treatise on the Law of Negligence

Francis Wharton - Electronic books - 1874 - 889 pages
...likely to' do mischief if it escapes, must keep it at his peril, and, if he does not do so, is primd facie answerable for all the damage which is the natural consequence of its escape. Mr. Justice Blackburn, writing the opinion of the court, says : ' The question of law therefore arises,...
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The Central Law Journal, Volume 90

Law - 1920
...to do mischief if it escapes, must keep it In at his peril, and, if he does not do so, is prima Jade answerable for all the damage which is the natural consequence of its escape." In the Fletcher case defendant had constructed a reservoir, the waters of which broke through the bottom...
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The Law Reports. Court of Exchequer: From Michaelmas Term, 1865 ..., Volume 10

Great Britain. Court of Exchequer - Law reports, digests, etc - 1875
...for all the damage which is the natural consequence of its escape. He can excuse himself by shewing that the escape was owing to the plaintiff's default,...the consequence of vis major, or the act of God." This passage was cited with approval by Lord Cairns, C., and Lord Cranworth on appeal. (3) (1) Law...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 12

Law - 1875
...its escape. He can excuse him self by showing that the escape was owing to the plaintiff's defanlt, or perhaps that the escape was the consequence of vis major, or the act of God ; but, as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient."...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - Torts - 1875 - 754 pages
...and collects and keeps there, any thing likely to do mischief if it escapes; such a person is prima facie answerable for all the damage which is the natural consequence of an escape. Rylands r. Fletcher, Law R. 3 HL 330 ; sc Law R. 1 Ex. 265, reversing S. c. 3 Hurl. & C....
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The American Reports: Containing All Decisions of General ..., Volume 16

Isaac Grant Thompson - Law reports, digests, etc - 1876
...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...himself by showing that the escape was owing to the plaintiffs default; or perhaps that the escape was the consequence of vis major, or the act of God;...
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