...question is, did the defendant make out that the escape of the water was owing to the act of God ? Now the jury have distinctly found, not only that there...or the maintenance of the reservoirs, but that the 1876 flood was so great that it could not reasonably have been anticiNICHOLS pated, although, if it...

...damages, the j ury found that there was no negligence in the construction or maintenance of the pooh), and that the flood was so great that it could not reasonably have been anticipated, though, if it had been anticipated, the effect might have been prevented. Held by the Court of Appeal...

...damages, the jury found that there was no negligence in the maintenance or construction of the pools, and that the flood was so great that it could not reasonably have been anticipated, though if it had been anticipated tbe effect might have been prevented. Held (affirming the judgment...

...question is, did the defendant make out that the escape of the water was owing to the act of God? Now the jury have distinctly found, not only that there...reservoirs, but that the *flood was so great that it [6 could not reasonably have been anticipated, although, if it had been anticipated, the effect might...

...is caused by the act of God, or vis major • as, for example, by an extraordinary rain-fall which could not reasonably have been anticipated, although,...anticipated, the effect might have been prevented. Thus, on the defendant's land were artificial pools, containing large quantities of water. These pools...

...found that commou law. {here was no negligence in the maintenance and construction of the pools, and that the flood was so great that it could not reasonably have been anticipated, though if it had been anticipated, the effect might have been prevented; it was held, affirming the...

...the recent case of Nichols v. Marsland^). He says, speaking of the flood which had occurred there, "The jury have distinctly found, not only that there...escape of the water was owing to the act of God." Pausing there, it may be observed, that to say that a tiling could not reasonably have been anticipated...

...J., at p. 4. 8 A TREATISE ON TORTS. Chap. I. or ris major; eg, by an extraordinary rainfall, which could not reasonably have been anticipated, although...anticipated, the effect might have been prevented (s). The doctrine as The doctrine which is laid down in the text-books, that it is a to suspens,on...

...the jury found that a flood was " so great that it could not reasonably have been anticipated, though if it had been anticipated the effect might have been prevented," and the Court of Appeal held that such a flood was an " act of God." The exception " act of God " appears...

...been prevented." This view is supported by Nichols v. Marsland (x), in which the jury found that a flood was " so great that it could not reasonably have been anticipated, though if it had been anticipated the effect might have been prevented," and the Court of Appeal held...