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" ... mode of their doing so, the water came to escape and to pass off into the close of the Plaintiff, then it appears to me that that which the Defendants were doing they were doing at their own peril ; and, if in the course of their doing it, the evil... "
The Scottish Law Reporter: Containing Reports ... of Cases Decided in the ... - Page 220
1876
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The Law Times, Volume 46

Law - 1869 - 492 pages
...defendants were doing they were doing at their own peril ; and if in the course of their doing it the evil arose to which I have referred — the evil namely,...consequence of that, in my opinion, the defendants should be liable. As the case of Smith v . Kendrick is an illustration of the first principle to which...
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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 - 984 pages
...ants were doing, they were doing at their peril ; and if in the " course of their doing it, the evil arose to which I have referred, " the evil, namely,...in my opinion, the defendants would be " liable." It appears to me that, applying that principle to the present case, the defendants are not, upon the...
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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volume 14

Louis Arthur Goodeve - Law reports, digests, etc - 1874 - 704 pages
...doing they were doing at their own peril ; and if, in the course of their doing it, the evil arose .... of the escape of the water and its passing away to...that, in my opinion, the defendants would be liable." Lord Cranworth thus states the principle of the decision : — "If a person brings, or accumulates,...
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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 - 672 pages
...defendants were doing they were doing at their own peril ; and if in the course of their doing it the evil arose to which I have referred — the evil, namely,...defendants would be liable. As the case of Smith v. Kenilrick is an illustration of the first principle to which I have referred, go also the second principle...
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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
...defendants were doing they were doing at their own peril ; and if in the course of their doing it the evil arose to which I have referred — the evil, namely,...opinion, the defendants would be liable. As the case of .S'/n/fA v. Kendrick is an illustration of the first principle to which I have referred, so also the...
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Albany Law Journal, Volume 10

Law - 1874 - 436 pages
...doing, they were doing at their own peril; and if, in the course of their doing it, the evil arose — of the escape of the water and its passing away to...that, in my opinion, the defendants would be liable." Lord Cranworth thus states the principle of the decision : " If a person brings and accumulates on...
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The Law Reports : Indian Appeals: Being Cases in the Privy Council ..., Volume 1

Law reports, digests, etc - 1874 - 432 pages
...doing, they were doing at their own peril; and if, in the course of their doing it, the evil arose .... of the escape of the water and its passing away to...that, in my opinion, the Defendants would be liable." JO which, if it should escape, may cause damage to his neighbour, he 1874 does so at his peril. If...
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A Treatise on the Law of Negligence

Francis Wharton - Negligence - 1874 - 960 pages
...defendants were doing they were doing at their own peril ; and if, in the course of their doing it, the evil arose to which I have referred, the evil, namely,...plaintiff and injuring the plaintiff, then for the consequences of that, in my opinion, the defendants would be liable. As the case of Smith r. Kenrick...
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Judgments of the Privy Council on Appeals from India, Volume 2

David Sutherland (barrister-at-law.), Great Britain. Privy Council. Judicial Committee - Law reports, digests, etc - 1878 - 866 pages
...doing, they were doing at their own peril ; and if, in the course of their doing it, the evil arose ... of the escape of the water and its passing away to...that, in my opinion, the defendants would be liable." Lord Cranvvorth thus states the principle of the decision : — " If a person brings and accumulates...
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The Law Relating to Waters, Sea, Tidal, and Inland

Henry John Wastell Coulson, Urquhart Atwell Forbes - Canals - 1880 - 788 pages
...were doing they were doing at their own peril ; " and if, in the course of their doing it, the evil arose to " which I have referred, the evil, namely,...the water and its passing away to the close of the plain" tiff and injuring the plaintiff, then for the consequence " of that, in my opinion, the defendants...
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