 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 - 1888 - 1088 pages
...person who bringe on his land a wild beast, or water, filth, or «tench, and allows it to escape) " can excuse himself by showing that the escape was...plaintiff's default; or, perhaps, that the escape wae due to vu major or the act of God." Of course, it will be an answer to a plaintiff that he has... | |
 | Stephen Martin Leake - Real property - 1888 - 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 consequence of its escape "('')• So it is laid down that, " if any one by artificial erection on his own land causes water,... | |
 | John Innes Clark Hare - Constitutional law - 1889 - 748 pages
...likely to do mischief if 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 its escape. . . . The person whose grass or corn is eaten or trodden down bv the escaping cattle of his neighbor,... | |
 | Floyd Russell Mechem - Agency - 1889 - 1086 pages
...likely to do mischief if it escapes, to keep it in at his peril; and if he does not do so, he ia prima facie answerable for all the damage which is the natural consequence of its escape.4 This distinction has been stated in a recent case as follows : " If the work to be done is... | |
 | Frederick Pollock - Torts - 1890 - 694 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 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.... | |
 | Francis Marion Burdick - Torts - 1891 - 416 pages
...likely to do mischief if it escapes, must keep it in a^his peril, and if he does not do so, is pr'ima facie answerable for all the damage which is the natural...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.... | |
 | Seymour Dwight Thompson - Electric engineering - 1891 - 588 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... | |
 | Thomas Brett - English law - 1891 - 660 pages
...likely to do mischief if it escapes, must keep it at his peril, and, if ho does not do so is prima facie answerable for all the damage which is the natural...excuse himself by showing that the escape was owing Fletcher. if) ^ plaintiff-,, default; or perhaps that the escape was the consequence of vis major,... | |
 | David Belden - California - 1891 - 488 pages
...and if he does not is prium facie answerable for all the damages which are the natural consequences of its escape. He can excuse himself by showing that the escape was owing to plaintiff's default, or as a consequence of the ris major, or the act of God ; but these are the only... | |
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