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" ... a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril, and that, if it does mischief, negligence is presumed without express averment. "
The New-York Legal Observer - Σελίδα 408
επεξεργασία από - 1846
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Queen's Bench Reports, Τόμος 9

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1843 - 1182 σελίδες
...examination of all the authorities appears to us to be this : that a person keeping a mischievous animal with knowledge of its propensities is bound to keep it secure at Jiis peril, and that, if it does mischief, negligence is presumed, without express averment. The precedents...

The Exchequer Reports: Reports of Cases Argued and Determined in ..., Τόμος 2

Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, Francis Joseph Coltman - 1866 - 662 σελίδες
...examination of all the authorities appears to us to be this : that a person keeping a mischievous animal with knowledge of its propensities is bound to keep...negligence is presumed, without express averment." May it not be said that an animal having an infectious disease is a " mischievous" animal ? Perhaps...

The Law of Railways: Embracing Corporations, Eminent Domain ..., Τόμος 1

Isaac Fletcher Redfield - 1867 - 744 σελίδες
...opinion will also point out very clearly for what matters railway compakeeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril." And Lord Hale (1 Hale's PC 430) states, that where one keeps a beast, knowing its nature is such that the...

Reports of Cases Argued and Determined in the English Courts of ..., Τόμος 57

Great Britain. Courts - 1869 - 620 σελίδες
...examination of all the authorities appears to us to be this, — that a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep...negligence is presumed, without express averment. (b) The precedents, as well as the authorities, fully warrant this conclusion." In (.'otton v. Brown,...

Albany Law Journal, Τόμος 3

1871 - 530 σελίδες
...old precedents and authorities, comes to the conclusion, that 'a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril.' And in 1 Hale's Pleas of the Crown, 430, Lord Hale states that when one keeps a beast, knowing its nature...

Albany Law Journal, Τόμος 63

1901 - 510 σελίδες
...was not the gist of the plaintiff's cause of action, saying: " A person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril." * * * This would have been sufficient, but the learned judge, evidently not contented with a strictly...

A Treatise Upon the Law Applicable to Negligence

Thomas William Saunders - 1871 - 338 σελίδες
...examination of all the authorities appears to us to be this—that a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep...negligence is presumed without express averment." There is no distinction between the case of the keeping of an animal which breaks through the ordinary...

Reports of Decisions Rendered in the Circuit and District Courts of ..., Τόμος 2

United States. Circuit Courts, Benjamin Vaughan Abbott - 1871 - 648 σελίδες
...old precedents and authorities, comes to the conclusion that. 'a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril.' And in 1 Bale's Pleas of the Parrott v. Barney. Grown, 430, Lord HALE states that when one keeps a beast,...

Commentaries on the Indian Penal Code (Act XLV of 1860)

India - 1874 - 656 σελίδες
...examination of all the authorities appears to be this, that a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at hi» peril; and that if it doea mischief, negligence is presumed, without express averment. The negligence...

Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - 1875 - 808 σελίδες
...examination of all the authorities appears to us to be this : that a person keeping a mischievous auimal, with knowledge of its propensities, is bound to keep...of Smith v. Pelah, 2 Stra. 1264, and a passage in 1 Hale's Pleas of the Crown, 430,1 put the liahility on the true ground. It may be that, if the injury...




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