 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
 | Eugene Wambaugh - Contracts - 1894 - 576 pages
...likely to do mischief if it escapes, must keep it in at his own peril; and if he does not do so. isprima facie answerable for all the damage which is the natural...consequence of its escape. He can excuse himself by showing 1 15C. BNS 317. 25 that the escape was owing to the plaintiff's default; or, perhaps, that the escape... | |
 | Theodore Minot Clark - Architects - 1894 - 432 pages
...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." . . . "This rule has been applied to dangerous animals; to " cesspools ; to reservoirs, and to accumulations... | |
 | Law - 1894 - 388 pages
...anything likely to do mischief if it escapes, must keep it at his peril; and if he does so, is prima facie answerable for all the damage which is the natural consequence of its escape." Kekewich, J., applied this doctrine to an electric railway "discharging" an electric current into the... | |
 | Electronic journals - 1894 - 1120 pages
...anything likely to do mischief if it escapes must keep it at his peril, and if he does not do so is, frima facie, answerable for all the damage which is the natural consequence of its escape. I le can excuse himself by showing that the escape was owing to the defendant's fault ; or, perhaps,... | |
 | Theodore Minot Clark - Architects - 1894 - 424 pages
..."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." . . . "This rule has been applied to dangerous animals; to " cesspools ; to reservoirs, and to accumulations... | |
 | Frederick Pollock - Torts - 1895 - 718 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...escape was the consequence of vis major, or the act of Grod; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.... | |
 | Francis Marion Burdick - Torts - 1895 - 628 pages
...in at his peril, and if he does not do so, is prlma facie answerable for all the damage which is-the natural consequence of its escape. He can excuse himself...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.... | |
 | Thomas Beven - Negligence - 1895 - 1072 pages
...mischief if it escapes, the^ouse Of must keep it in at his peril ; and if he does not do so, Lordsis primd facie answerable 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 plaintiffs default ; or, perhaps, that the escape was the... | |
 | Edwin Ames Jaggard - Torts - 1895 - 702 pages
...escape of water could "excuse himself by showing that the escupe was owing to the defendant's fault, or, perhaps, that the escape was the consequence of vis major or the act of God." A violent rainstorm was subsequently held to be such an act of God; 102 and an accident caused by a... | |
 | William John Tossell - Law reports, digests, etc - 1920 - 734 pages
...brings 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. It will be seen at a first glance that there is a wide distincHamilton Common Pleas. tion between one... | |
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