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" He can excuse himself by showing that the escape was owing to the plaintiff's default; or perhaps that the escape was 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... "
Cases Illustrating the Principles of the Law of Torts - Page 412
by Francis Reynolds Yonge Radcliffe, Sir John Charles Miles - 1904 - 628 pages
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The Law Times, Volume 46

Law - 1869 - 492 pages
...was the consequence of vit major or of : In- act of God ; but, as nothing of this sort exist* 1ère, it is unnecessary to inquire what excuse would be...above stated seems on principle just. The person whose ;rass or corn is eaten down by the escaping* :attle of his neighbour, or whose raine is flooded by...
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The Law of Railways: Embracing Corporations, Eminent Domain ..., Volume 1

Isaac Fletcher Redfield - Railroad law - 1867 - 744 pages
...showing that the escape was the consequence of vis major, or the act of God ; but, as nothing of the sort exists here, it is unnecessary to inquire what...or corn is eaten down by the escaping cattle of his neighbor, or whose mine is flooded by the water bearing upon questions which are liable to arise in...
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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volume 5

Louis Arthur Goodeve - Law reports, digests, etc - 1870 - 982 pages
...owing to the plaintiff's default ; or, perhaps, that the escape " was the consequence of vis major, or the act of God ; but as " nothing of this sort exists here, it is unnecessary to enquire what " excuse would be sufficient. The general rule, as above stated, " seems on principle...
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A Handy Book on Property Law: In a Series of Letters

Edward Burtenshaw Sugden - Law - 1869 - 334 pages
...not do so, is prima facie answerable for the damage which is the natural consequence of its escape. The person whose grass or corn is eaten down by the...his neighbour, or whose mine is flooded by the water of his neighbour's reservoir, or whose cellar is invaded by the filth of his neighbour's closet, or...
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - Justices of the peace - 1870 - 668 pages
...plaintiff's default, or, perhaps, that the escape was the consequence of DIS major or of the act of (rod ; but, as nothing of this sort exists here, it is unnecessary...on principle just. The person whose grass or corn ia caten down by the escaping cattle of his neighbour, or whose mine is flooded by the water from his...
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Collieries and Colliers: A Handbook of the Law and Leading Cases Relating ...

John Coke Fowler - Coal mines and mining - 1872 - 512 pages
...vis major, or of the act of God. The general rule seems, on principle, just. The person whose grass is eaten down by the escaping cattle of his neighbour,...the water from his neighbour's reservoir, or whose habitation is made unhealthy by the noisome vapours of his neighbour's alkali works, is damnified without...
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A Treatise on the Law of Negligence

Francis Wharton - Negligence - 1874 - 960 pages
...was owing to the plaintiirs default ; or, perhaps, that the escape was the consequence of vis major, or the act of God ; but as nothing of this sort exists...or corn is eaten down by the escaping cattle of his neighbor, or whose mine is flooded by the water from his neighbor's reservoir, or whose cellar is invaded...
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The Central Law Journal, Volume 9

Law - 1879 - 540 pages
...perhaps, that the escape was the consequence of vis major, or the act of God; but as nothing of the sort exists here, it is unnecessary to inquire what...or corn is eaten down by the escaping cattle of his neighbor, or whose mine is flooded by the water of his neighbor's reservoir, or whose cellar is invaded...
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The Central Law Journal, Volume 43

Law - 1896 - 542 pages
...default, or, perhaps, that the escape was the consequence of ari's major, or the act of God. • • • The general rule, as above stated, seems, on principle,...or corn is eaten down by the escaping cattle of his neighbor, or whose mine is flooded by the water from his neighbor's reservoir, or whose cellar Is invaded...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - Legal maxims - 1874 - 880 pages
...liable for the consequences if it escapes and does injury to his neighbor."1 " The person," therefore, " whose grass or corn is eaten down by the escaping cattle of his neighbor, or whose mine is flooded by the water from his neighbor's reservoir,2 or whose cellar is...
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