 We think that the true rule of law is that the person who, for his own purposes, brings on his land 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 Canada Law Journal - Page 491907Full view - About this book
 | 1872 - 978 pages
...his laud 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...damage which is the natural consequence of its escape." It is added : "He can excuse himself by shewing that the escape wasowing to the plaintiffs' default."... | |
 | 1869 - 492 pages
...lis land and collects and keeps there anything; ikely to do mischief, if it escapee must keep it u at his peril, and if he does not do so is prima facie answerable for all damage which is the natural consequence of its escape. He can excuse himself by showing that the escape... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1910 - 804 pages
...anything likely to do mischief if it escapes, to keep it in at his peril; and if he does not do so, he is prima facie answerable for all the damage which is the natural consequence of its escape. " Mechem on Agency, ยง 747, and cases cited. These distinctions were considered in the cases above... | |
 | 1866 - 722 pages
...anything likely to do mischief if it escapes, must keep it at his peril, and that if he does 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... | |
 | Isaac Fletcher Redfield - 1867 - 744 pages
...to do mischief if it escapes, must keep it at his peril, and that if he does not do so, he is primd facie answerable 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... | |
 | Great Britain. Court of Exchequer - 1868 - 778 pages
...his land 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...damage which is the natural consequence of its escape. He can excuse himself by shewing that the escape was owing to the plaintiff's default; or perhaps that... | |
 | Isaac Fletcher Redfield - 1869 - 796 pages
...thing l1kely to do mischief if it escapes, must keep it at his peril, and that if he does not do so, he 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 the consequence of eis major, or the act of God... | |
 | Great Britain. Magistrates' cases - 1870 - 672 pages
...likely to do niiichief, if it escapes must keep it in at his peril, and if he docs not do so is primd facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing tliat the escape was owing to the plaintiff's default, or, perhaps,... | |
 | Great Britain. Magistrates' cases - 1870 - 668 pages
...do mischief, if it escapes must keep it in at his peril, and if he does not do so is /iriiiia far.it 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 the plaintiff's default, or, perhaps,... | |
 | Massachusetts. Supreme Judicial Court - 1907 - 1382 pages
...likely to do mischief if it escapes, must keep it in at his peril ; and, if he does not do so, is primd facie answerable for all the damage which is the natural consequence of its escape." This rule has been applied to dangerous animals; 1 Hale P. C. 430; Cox v. Burbridge, 13 CB (NS) 430;... | |
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