 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 Pacific Reporter - Page 801910Full view - About this book
 | William Evans - Agency (Law) - 1879 - 802 pages
...likely to do mischief, and it escapes, must keep it at his peril; and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of (i) Per Blackburn, J., in Mersey or not, provided it was out of the agents' Docks, &c. v. Gibbs, supra.... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - Canals - 1880 - 788 pages
...to do mischief if it " ' escapes, must keep it 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.1 He can excuse " ' himself by showing that the escape was owing to the " ' plaintiff's default... | |
 | John Melville Gould - Riparian rights - 1883 - 972 pages
...likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, \& 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... | |
 | John Frederick Haynes, Thomas A. Nelham - Law examinations - 1883 - 474 pages
...mischief if it escapes, must keep it at his peril; and if ho does not do so, is primd facie responsible for all the damage which is the natural consequence of its escape." The case was, therefore, not decided on the ground of any negligence of the defendant. It was lawful... | |
 | John Mews - Law reports, digests, etc - 1884 - 1048 pages
...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, however careful he may have been, and whatever precautions he may have taken to prevent the damage.... | |
 | Francis Taylor Piggott - Torts - 1885 - 448 pages
...likely to 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... | |
 | Sir Walworth Howland Roberts, George Wallace - Employers' liability - 1885 - 610 pages
...likely to 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... | |
 | Law - 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."... | |
 | Sydney Hastings - Torts - 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).... | |
 | Frederick Pollock - Law - 1886 - 562 pages
...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...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... | |
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