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" ... which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued,... "
Reports of Cases Determined by the Supreme Court of Appeals of West Virginia - Page 535
by West Virginia. Supreme Court of Appeals - 1911
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The Law Times, Volume 46

1869 - 492 pages
...keep it there, so that no mischief may accrue, or answer for the natural and anticipated) consequence. And upon authority, this, we think, is established...brought be beasts, or water, or filth, or stenches." My Lords, in that opinion, I must say, I entirely concur. Therefore I have to move your Lordships that...
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The Law of Railways: Embracing Corporations, Eminent Domain ..., Volume 1

Isaac Fletcher Redfield - 1867 - 744 pages
...is confined to his own property, but which he knows to be mischievous if it gets on his neighbor's, should be obliged to make good the damage which ensues...brought be beasts, or water, or filth, or stenches. " The case that has most commonly occurred, and which is most frequently to be found in the books,...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 4; Volume 140

Great Britain. Court of Exchequer - 1868 - 778 pages
...keep it there so that no mischief may accrue ; or answer for the natural and anticipated consequence. And upon authority this we think is established to...brought be beasts, or water, or filth, or stenches. The case that has most commonly occurred, and which is most frequently to be found in the books, 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
...there, so " that no mischief may accrue, and answer for the natural and " anticipated consequence. And upon authority, this, we think, "is established...brought be " beasts, or water, or filth, or stenches." Mr. Justice Blackburn does not say that, if the person damnified had let the reservoir to his neighbour,...
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A Handy Book on Property Law: In a Series of Letters

Edward Burtenshaw Sugden - 1869 - 334 pages
...damnified without any fault of his own, the neighbour is obliged to make good the damage which ensues, whether the things so brought be beasts or water or filth or stenches. And in actions for damages occasioned by animals that have 76 NUISANCES. LIGHTS. not been kept in by...
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - 1870 - 668 pages
...for the natural and anticipated consequence. And upon authority this, we think, is established to bu the law, whether the things so brought be beasts, or water, or filth, or stenches." My Lords, in that opinion, I must say, I entirely concur. Therefore I have to move your Lordships 210...
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Madras High Court Reports: 1870 and 1871

1872 - 638 pages
...keeps at his peril, " whether" (as expressed by Blackburn, J. in Fletcher v. Rylands LR 1 Ex. 280) " the things so brought be beasts, or water, or filth, or stenches," and is properly placed on a footing with the class of dangerous trades and occupations in England for...
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A Treatise on the Law of Negligence

Francis Wharton - 1874 - 960 pages
...keep it there, so that no mischief may accrue, or answer for the natural and anticipated consequence. And upon authority this we think is established to be the law, whether the thing so brought be beast, or water, or filth, or stenches." 1 Smith r. Fletcher, LR 9 Exch. 64, reversing...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - 1875 - 830 pages
...good the damage which ensues if he does not succeed in confining it to his own property. But for his bringing it there no mischief could have accrued ;...brought be beasts, or water, or filth, or stenches." The authorities are then reviewed in support of this position from the Year-Books down; embracing cases...
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The Journal of Jurisprudence, Volume 19

1875 - 682 pages
...keep it there so that no mischief may accrue, or answer for the natural and anticipated consequence ; and upon authority this. we think, is established...brought be beasts or water or filth or stenches." In Crompton v. Lee the Vice-Chancellor held, that if the defendant was responsible for any damage in...
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