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" ... naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to... "
The Pacific Reporter - Page 245
1902
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The Law Times, Volume 46

Law - 1869 - 492 pages
...damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that be should at his peril keep it there, so that no mischief may accrue, or answer for the natural and...
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The Law of Railways: Embracing Corporations, Eminent Domain ..., Volume 1

Isaac Fletcher Redfield - Railroad law - 1867 - 744 pages
...damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued,...brought be beasts, or water, or filth, or stenches. " The case that has most commonly occurred, and which is most frequently to be found in the books,...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 4; Volume 140

Great Britain. Court of Exchequer - Law reports, digests, etc - 1868 - 778 pages
...damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued,...accrue ; or answer for the natural and anticipated consequence. And upon authority this we think is established to be the law, whether the things so brought...
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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
...damage which ensues, if he does " not succeed in confining it to his own property. But for " his act in bringing it there no mischief could have accrued,...peril keep it there, so " that no mischief may accrue, and answer for the natural and " anticipated consequence. And upon authority, this, we think, "is established...
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A Handy Book on Property Law: In a Series of Letters

Edward Burtenshaw Sugden - Law - 1869 - 334 pages
...damnified without any fault of his own, the neighbour is obliged to make good the damage which ensues, whether the things so brought be beasts or water or filth or stenches. And in actions for damages occasioned by animals that have 76 NUISANCES. LIGHTS. not been kept in by...
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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
...damage which ensues if he does not succeed in confining it to his own property. But for hie act in bringing it there no mischief could have accrued,...should at his peril keep it there so that no mischief mnv accrue, or answer for the natural and anticipated consequence. And upon authority this, we think,...
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Madras High Court Reports: 1870 and 1871

Law reports, digests, etc - 1872 - 638 pages
...keeps at his peril, " whether" (as expressed by Blackburn, J. in Fletcher v. Rylands LR 1 Ex. 280) " the things so brought be beasts, or water, or filth, or stenches," and is properly placed on a footing with the class of dangerous trades and occupations in England for...
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A Treatise on the Law of Negligence

Francis Wharton - Negligence - 1874 - 960 pages
...damage which ensue^ if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his own peril keep it there, so that no mischief may accrue, or answer for the natural and anticipated...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - Torts - 1875 - 808 pages
...obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his bringing it there no mischief could have...brought be beasts, or water, or filth, or stenches." The authorities are then reviewed in support of this position from the Year-Books down; embracing cases...
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The Journal of Jurisprudence, Volume 19

Law - 1875 - 682 pages
...damage which ensues if he does not succeed in confining it to his own property. But for this act in bringing it there no mischief could have accrued,...accrue, or answer for the natural and anticipated consequence ; and upon authority this. we think, is established to be the law, whether the things so...
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