 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 Central Law Journal - Page 2341879Full view - About this book
 | 1915 - 1230 pages
...do mischief if it escapes must keep it at his own peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural...the consequence of vis major, or the act of God." It may be remarked that under a later decision, vis major, or the act of God, Is recognized as a defense... | |
 | 1898 - 1134 pages
...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." Nor Is the rule different l>ecause the encroachment was not upon the land of the defendant in error.... | |
 | John Mews - 1884 - 1048 pages
...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, however careful he may have been, and whatever precautions he may have taken to prevent the damage.... | |
 | Francis Taylor Piggott - 1885 - 448 pages
...do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is pi-imd 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 plaintiff's default ; or perhaps that the escape was the consequence... | |
 | Sydney Hastings - 1885 - 532 pages
...to do mischtef tf it escapes, must keep it in at his peril, and if he does not do so, is primd facic answerable for all the damage which is the natural consequence of its escape, however careful he may have been, and whatever precaution he may have taken to prevent the damage (u).... | |
 | Sir Walworth Howland Roberts, George Wallace - 1885 - 610 pages
...do mischief if it escapes, must keep it in at his peril ; and if he does not do BO, is priinu facie answerable for all the damage which is the natural consequence of its escape But for his act in bringing it there no mischief could have accrued, and it seems but just that he... | |
 | 1885 - 216 pages
...the defendant has acted with due care and caution, but whether his acts have occasioned the damage. He can excuse himself by showing that the escape was owing to the plaintiffs fault ; or, perhaps, that the escape was the consequence of vis major or the act of God."... | |
 | Frederick Pollock - 1886 - 562 pages
...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...himself by showing that the escape was owing to the plaintiffs default ; or perhaps that the escape was the consequence of vis major, or the act of God... | |
 | 1894 - 1156 pages
...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." LR l Exch. 265. In affirming the exchequer chamber, Lord Chancellor Cairns says: "The defendants, treating... | |
 | Charles Collett - 1886 - 526 pages
...and collects and keeps there anything, as water, likely to do mischief if it escapes, is primd facie answerable for all the damage which is the natural consequence of its escape.3 But he will be excused by showing that the escape was the consequence of vis major or the... | |
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