 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
 | Law reports, digests, etc - 1894 - 1156 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." LR l Exch. 265. In affirming the exchequer chamber, Lord Chancellor Cairns says: "The defendants, treating... | |
 | Charles Collett - Damages - 1886 - 526 pages
...land 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... | |
 | Electronic journals - 1909 - 672 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...the consequence of vis major or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient."... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1887 - 1004 pages
...to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is primafade answerable for all the damage which is the natural...or perhaps that the escape was the consequence of n» major or the act of God; but as nothing of this sort exists here it is unnecessary to inquire what... | |
 | Law reports, digests, etc - 1887 - 988 pages
...must keep it in at his peril, and, if he does not do so, isprima facie answerable for all the damages which is the natural consequence of its escape. He...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... | |
 | Electronic journals - 1916 - 948 pages
...likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is primti facie answerable for all the damage which is the natural consequence of its escape." Blackburn, J., in Fletcher ». Rylands, LR i Ex. 265, 279 (1866). "My Lords, I concur with my noble... | |
 | Electronic journals - 1917 - 914 pages
...apparent that he thought of only two possible methods whereby defendants could escape liability, viz., "by showing that the escape was owing to the plaintiff's default," "or perhaps that escape was the consequence of vis major or the act of God." Nothing can be more general or sweeping... | |
 | John William Smith - Law reports, digests, etc - 1888 - 846 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...the consequence of vis major or the act of God."] Therefore, A. maybe sued for so negligently erecting a hayrick on the edge of his land that it ignites... | |
 | Thomas McIntyre Cooley - Torts - 1888 - 1060 pages
...likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do eo, 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... | |
 | MARSHALL D. EWELL - 1888 - 368 pages
...to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is primn. fade 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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