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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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The Weekly Reporter, Volume 36

Law reports, digests, etc - 1888
...person who bringe on his land a wild beast, or water, filth, or «tench, and allows it to escape) " can excuse himself by showing that the escape was...plaintiff's default; or, perhaps, that the escape wae due to vu major or the act of God." Of course, it will be an answer to a plaintiff that he has...
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A Digest of the Law of Uses and Profits of Land

Stephen Martin Leake - Real property - 1888 - 603 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 consequence of its escape "('')• So it is laid down that, " if any one by artificial erection on his own land causes water,...
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The American and English Encyclopedia of Law, Volume 8

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1889
...likely to do mischief if it escape, must keep it in at his peril, and if he does not do so is prima fade answerable for all the damage which is the natural...was the consequence of vis major, or the act of God. Per Blackburn. J.. in Fletcher v. Ryland, LR z Exch. Div. 279; 35 LJ Exrh. 154; LR 3 Eng & I. App....
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American Constitutional Law, Volume 1

John Innes Clark Hare - Constitutional law - 1889
...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 bv the escaping cattle of his neighbor,...
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A Treatise on the Law of Agency: Including Not Only a Discussion of the ...

Floyd Russell Mechem - Agency - 1889 - 979 pages
...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...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - Torts - 1890 - 616 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...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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Cases on Torts: Selected and Arranged for the Use of Law Students in ...

Francis Marion Burdick - Torts - 1891 - 384 pages
...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 is the natural...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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The Law of Electricity: A Treatise on the Rules of the Law Relating to ...

Seymour Dwight Thompson - Electric engineering - 1891 - 525 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...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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Commentaries on the Present Laws of England, Volume 1

Thomas Brett - English law - 1891 - 1294 pages
...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 is the natural...excuse himself by showing that the escape was owing Fletcher. if) ^ plaintiff-,, default; or perhaps that the escape was the consequence of vis major,...
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Life of David Belden

David Belden - California - 1891 - 472 pages
...and if he does not is prium facie answerable for all the damages which are the natural consequences of its escape. He can excuse himself by showing that the escape was owing to plaintiff's default, or as a consequence of the ris major, or the act of God ; but these are the only...
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