 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 801910Full view - About this book
 | Charles Greenstreet Addison - Torts - 1876 - 874 pages
...collects and keeps there, anything likely to do mischief if it escapes, such as water or cattle, is prinoa facie answerable for all the damage which is the natural consequence of its escape, although he has not been guilty of any negligence. (<f) The owner of one story of a house, however,... | |
 | Charles Greenstreet Addison - Torts - 1876 - 832 pages
...collects and keeps there, anything likely to do mischief if it escapes, such as water or cattle, is prima facie answerable for all the damage which is the natural consequence of its escape, although he has not been guilty of any negligence(d). The owner of one story of a house, however, is... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1877 - 916 pages
...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...that the escape was the consequence of vis major, or Nichols v. Marsland. 1875 the act of God." This passage was cited with approval by Lord Cairns, C.,... | |
 | Great Britain. High Court of Justice. Exchequer Division - Law reports, digests, etc - 1877 - 524 pages
...mischief if it escapes, must keep it at his peril, and if he does not do so, is prima facie answerable fur 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; or perhaps that the escape was the consequence... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1877 - 882 pages
...and collects and keeps there, any thing likely to do mischief if it escapes, is prima facie liable for all the damage which is the natural consequence of its escape. Water is, in this respect, put in the same category with beasts wont to rove and do mischief, filth... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1878 - 918 pages
...mischief if it escapes, must keep it at his peril, and if he does not do so, is prima facie answerable tor all the' damage which is the natural consequence of...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." It... | |
 | Law reports, digests, etc - 1878 - 652 pages
...upon his land, 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. Fan-ant v. Barnes, 31 LJ 37, CP ; Fletcher v. Kylands, 13 LT Bep. NS 121 ; 14 LT Eep. NS 523 ; L. Bap.... | |
 | Sir Arthur Underhill - Torts - 1878 - 370 pages
...mischief if it escapes, must keep it at Ms peril, and if he does not do so is prima facie responsible for all the damage which is the natural consequence of its escape." It therefore appears that the act which was not authorized by law was the allowing the water to escape,... | |
 | Law - 1879 - 494 pages
...likely to do mischief if it escapes, must keep it in at his peril ; and, if he does not do so, is primd facie answerable for all the damage which is the natural...the plaintiff's default, or perhaps that the escape wag the consequence of vis major or the act of God." His Lordship then touched upon various aspects... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1879 - 702 pages
...likely to do mischief if it escapes, must keep it in at his peril ; and, if he does not do so, is pritnd facie answerable for all the damage which is the natural consequence of its escape." This rule has been applied to dangerous animals ; 1 Hale P. C. 430; Cox v. Burbridge, 13 CB (NS) 430;... | |
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