 | 1872 - 978 Seiten
...do mischief if it escapes, must keep it in at his peril, and that if he does not do so, he is prima facie answerable for all the damage, which is the natural consequence of its escape." The declaration distinctly alleges negligence on the part of the defendant, and the novelty of the... | |
 | 1869 - 492 Seiten
...it escapee must keep it u at his peril, and if he does not do so is prima facie answerable for all damage which is the natural consequence of its escape. He can excuse himself by showing that the escape wasowing to the plaintiff's default, or, perhaps, that the escape was the consequence... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1910 - 804 Seiten
...likely to do mischief if it escapes, to keep it in at his peril; and if he does not do so, he is prima facie answerable for all the damage which is the natural consequence of its escape. " Mechem on Agency, § 747, and cases cited. These distinctions were considered in the cases above... | |
 | 1866 - 722 Seiten
...likely to do mischief if it escapes, must keep it at his peril, and that if he does not he is prima facie answerable for all the damage which is the natural consequence of its escape. The person whose grass or corn is eaten down by the escaping cattle of his neighbour, or whose mine... | |
 | Isaac Fletcher Redfield - 1867 - 744 Seiten
...anything likely to do mischief if it escapes, must keep it at his peril, and that if he does not do so, he is primd facie answerable for all the damage which...consequence of its escape. He can excuse himself by showing that the escape was the consequence of vis major, or the act of God ; but, as nothing of the... | |
 | Great Britain. Court of Exchequer - 1868 - 778 Seiten
...likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prinia facie answerable for all the damage which is the natural consequence of its escape. The defendant made a reservoir for water on his land, and in the selection of the site and the planning... | |
 | Isaac Fletcher Redfield - 1869 - 796 Seiten
...to do mischief if it escapes, must keep it at his peril, and that if he does not do so, he is prima facie answerable for all the damage which is the natural...consequence of its escape. He can excuse himself by showing that the escape was the consequence of eis major, or the act of God ; but, as nothing of the... | |
 | Great Britain. Magistrates' cases - 1870 - 672 Seiten
...keeps there anything likely to do niiichief, if it escapes must keep it in at his peril, and if he docs not do so is primd facie answerable for all the damage...consequence of its escape. He can excuse himself by showing tliat the escape was owing to the plaintiff's default, or, perhaps, that the escape was the... | |
 | Great Britain. Magistrates' cases - 1870 - 668 Seiten
...do mischief, if it escapes must keep it in at his peril, and if he does not do so is /iriiiia far.it answerable for all the damage which is the natural...consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default, or, perhaps, that the escape was the... | |
 | Massachusetts. Supreme Judicial Court - 1907 - 1382 Seiten
...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 primd facie answerable for all...damage which is the natural consequence of its escape." This rule has been applied to dangerous animals; 1 Hale P. C. 430; Cox v. Burbridge, 13 CB (NS) 430;... | |
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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... 
