Pleading And Practice Under the Codes of Ohio New York Kansas And Nebraska An
Pleading And Practice Under the Codes of Ohio New York Kansas And Nebraska An
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Newberry, L. E. , 7 Q. B. 31 ; S. C, 1 Eng. 14. The declaration in that case was de- fective. The liability of the party on the facts here set up is ad- mitted. Fletcher v. Eylands, L. R, 3 H. L. 330; Tennonl v. Gold- win, 1 Salk. 360. When the owner of land, without willfulness or negligence, uses his own land in the ordinary manner of its use, though mischief should thereby he occasioned to his neighbor, he will not be liable in damages; hut if he brings upon his land any- thing which would n...ot naturally come upon it. And which is in itself dangerous, and may become mischievous if not kepi under proper control, though in so doing lie may act without personal Willfulness Or Degligence, he will he liable in damages for any mis- chief thereby occasioned. Eylands v. Fletcher, L. \l.. '■'> Jl. L. 330. Jn this case the plaintiff owned a coal mine which he was working in the usual way : the defendant had a mill on land near that of plaintiff's, and built thereon a reservoir for storing water for his mill: hut under the reservoir there were several old vertical Bhafts connecting with horizontal workings of an abandoned coal mine; the plaint ill' in his mining came in contact with horizontal workings : the vertical shafts, which had apparently heen tilled up, gave way.
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To quickly assess the difficulty of the text, read a short excerpt:
Newberry, L. E. , 7 Q. B. 31 ; S. C, 1 Eng. 14. The declaration in that case was de- fective. The liability of the party on the facts here set up is ad- mitted. Fletcher v. Eylands, L. R, 3 H. L. 330; Tennonl v. Gold- win, 1 Salk. 360. When the owner of land, without willfulness or negligence, uses his own land in the ordinary manner of its use, though mischief should thereby he occasioned to his neighbor, he will not be liable in damages; hut if he brings upon his land any- thing which would n...ot naturally come upon it. And which is in itself dangerous, and may become mischievous if not kepi under proper control, though in so doing lie may act without personal Willfulness Or Degligence, he will he liable in damages for any mis- chief thereby occasioned. Eylands v. Fletcher, L. \l.. '■'> Jl. L. 330. Jn this case the plaintiff owned a coal mine which he was working in the usual way : the defendant had a mill on land near that of plaintiff's, and built thereon a reservoir for storing water for his mill: hut under the reservoir there were several old vertical Bhafts connecting with horizontal workings of an abandoned coal mine; the plaint ill' in his mining came in contact with horizontal workings : the vertical shafts, which had apparently heen tilled up, gave way.
What to read after Pleading And Practice Under the Codes of Ohio New York Kansas And Nebraska An?
You can find similar books in the "Read Also" column, or choose other free books by Simeon Nash to read onlineMoreLess
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