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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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Cases for Analysis: Materials for Practice in Reading and Stating Reported ...

Eugene Wambaugh - Contracts - 1894 - 549 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...
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Architect, Owner and Builder Before the Law: A Summary of American and ...

Theodore Minot Clark - Architects - 1894 - 387 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...
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The Northwestern Law Review, Volume 2

Law - 1894
...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...
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The American Law Register and Review, Volume 42

Electronic journals - 1894
...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,...
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Architect, Owner and Builder Before the Law: A Summary of American and ...

Theodore Minot Clark - Building laws - 1894 - 387 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...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - Torts - 1895 - 636 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....
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Cases on Torts: Selected and Arranged for the Use of Law Students in ...

Francis Marion Burdick - Torts - 1895 - 602 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....
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Negligence in Law: General relations

Thomas Beven - Negligence - 1895 - 1779 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...
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Hand-book of the Law of Torts, Volume 2

Edwin Ames Jaggard - Torts - 1895 - 1307 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...
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Reports of Cases Argued and Determined in Ohio Courts of Record ..., Volume 28

William John Tossell - Law reports, digests, etc - 1920
...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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