American Law And Procedure volume 2

Cover American Law And Procedure volume 2
American Law And Procedure volume 2
Robert Wickliffe
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Rylands appears to me to consist in this : That the rule mainly applicable to a class of cases which, I think, should be regarded as, in a great degree, exceptional is ampli- fied and extended into a general, if not universal, prin- ciple. The principal instance upon which reliance is placed is the well-known obligation of the owner of cattle, to prevent them from escaping from his land and doing mischief. The law as to this point is perfectly settled, and has been settled from the earliest tim...es, and is to the effect that the owner must take charge of his cattle at his (19) 38 N. J. Law, 339.
186 TORTS peril, and if they evade his custody he is, in some meas- ure, responsible for the consequences. This is the doc- trine of the Year Books, but I do not find that it is grounded on any theoretical principle, making a man an- swerable for his acts or omissions, without regard to his culpability. That in this particular case of escaping cattle so stringent an obligation upon the owner should grow up, was not unnatural.


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