The Law Times Reports: Containing All the Cases Argued and Determined in the House of Lords, ... ; Together with a Selection of Cases of Universal Application Decided in the Superior Courts in Ireland and in Scotland, Volume 51

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Law Times Office, 1885 - Law reports, digests, etc

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Page 256 - 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 27 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Page 105 - THAT whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Page 20 - YIELDING therefor, during the said term, the yearly rent of , clear of all deductions, by equal half-yearly payments on the day of and the day of in every year, the first of such payments to be made on the day of next.
Page 105 - That every such Action shall be for the Benefit of the Wife, Husband, Parent, and Child of the Person whose Death shall have been so caused...
Page 197 - ... any samples to be taken, or any observation to be made or experiment to be tried, which may be necessary...
Page 4 - Act) shall remain, in as full, ample, and beneficial manner, to all intents and purposes, as he or she might or ought to have held or enjoyed such rights before the passing of such Act, or in case the same had never been made.
Page 126 - B. — I am of the same opinion. It seems to me that the question...
Page 167 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 105 - The plaintiff claims for debt, and for costs, and if the amount thereof be paid to the plaintiff or to his Attorney within four days from the service hereof, further proceedings will be stayed.

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