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" ... 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. He can excuse himself by showing that the escape was owing to... "
A Treatise on the Law of Negligence - Page 664
by Francis Wharton - 1874 - 889 pages
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1872 - 978 pages
...consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default, or perhaps that the escape was the consequence of vis major, or the act of God." He then proceeds to give several illustrations of the rule, and amongst them, the case of a person...
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The Law Times, Volume 46

1869 - 492 pages
...was the consequence of vit major or of : In- act of God ; but, as nothing of this sort exist* 1ère, it is unnecessary to inquire what excuse would be...above stated seems on principle just. The person whose ;rass or corn is eaten down by the escaping* :attle of his neighbour, or whose raine is flooded by...
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The Journal of Jurisprudence, Volume 10

1866 - 722 pages
...not he is prima facie answerable for all the damage which is the natural consequence of its escape. The person whose grass or corn is eaten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his neighbour's reservoir, or whose cellar is...
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The Law of Railways: Embracing Corporations, Eminent Domain ..., Volume 1

Isaac Fletcher Redfield - 1867 - 744 pages
...for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was 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 general rule,...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 4; Volume 140

Great Britain. Court of Exchequer - 1868 - 778 pages
...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...or corn is eaten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his neighbour's reservoir, or whose cellar is...
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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volume 5

Louis Arthur Goodeve - 1870 - 982 pages
...esKOEOI.EB « Cftpe< jje can excuse himself by showing that the escape was YULE. « owing to the plaintiff's default ; or, perhaps, that the escape " was the consequence...nothing of this sort exists here, it is unnecessary to enquire what " excuse would be sufficient. The general rule, as above stated, " seems on principle...
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A Handy Book on Property Law: In a Series of Letters

Edward Burtenshaw Sugden - 1869 - 334 pages
...as the trespass was occasioned by his neglect to keep up the first fence. The general rule is, that the person whose grass or corn is eaten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his neighbour's reservoir, or whose cellar is...
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - 1870 - 668 pages
...plaintiff's default, or, perhaps, that the escape was the consequence of DIS major or of the act of (rod ; but, as nothing of this sort exists here, it is unnecessary...on principle just. The person whose grass or corn ia caten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his...
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - 1870 - 672 pages
...consequence of its escape. He can excuse himself by showing tliat the escape was owing to the plaintiff's default, or, perhaps, that the escape was the consequence of vis major or of the act of God ; but, as nothing of this sort exists here, it is unnecessary to inquire what excuse...
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Collieries and Colliers: A Handbook of the Law and Leading Cases Relating ...

John Coke Fowler - 1872 - 512 pages
...consequence if it escapes. He can excuse himself by showing that the escape was owing to the plaintiff's default, or, perhaps, 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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