Sessional Papers - Legislature of the Province of Ontario, Volume 8

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Page 11 - We think that the true rule of law is that the person who, for his own purposes, brings on his land 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 for all the damage which is the natural consequence of its escape.
Page 13 - Governor-General for the time being, to be read and published in the presence of the Chief Justice for the time being, or...
Page 11 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 12 - And We do hereby require and command you to do and execute all things in due manner, that shall belong unto your said Command and the Trust We have reposed in you, according to the several Powers and Directions granted or appointed you by this present Commission, and the Instructions...
Page 11 - I may term the natural user of that land, there had been any accumulation of water either on the surface or underground, and if by the operation of the laws of nature that accumulation of water had passed off into the close occupied by the plaintiff, the plaintiff could not have complained that that result had taken place.
Page 11 - On the other hand, if the defendants, not stopping at the natural use of their close, had desired to use it for any purpose which I may term a nonnatural use, for the purpose of introducing into the close that which in its natural condition was not in or upon it, for the purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land...
Page 12 - ... 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 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 peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority, this we think is established to be the law whether the things so brought be beasts,...
Page 13 - Allegiance, together with such other Oath or Oaths as may from time to time be prescribed by any Laws or Statutes in that behalf made and provided.
Page 1 - that the banks of a river are those elevations of land which confine the waters when they rise out of the bed ; and the bed is that soil so usually covered by water as to be distinguishable from the banks by the character of the soil, or vegetation, or both, produced by the common presence and action of flowing water.
Page 10 - ... either of the vertical shafts or of the horizontal works communicating with them. In the course of the working by the plaintiff of his mine, he had gradually worked through the seams of coal underneath the close, and had come into contact with the old and disused works underneath the close of the defendants. In that state of things the reservoir of the defendants was constructed; it was constructed by them through the agency and inspection of an engineer and contractor. Personally, the defendants...

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