A Manual of Elementary Law Being a Summary of the Well Settled Elementary Prin
A Manual of Elementary Law Being a Summary of the Well Settled Elementary Prin
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Where there is an obligation for especial care, the presumption of negligence will be made, when it would not under ordinary circumstances. For example, if a railroad train runs off the track and injures a passenger and a bystander, as to the passenger the presumption of negligence in the railroad company would arise, but not as to the bystander.
18 CHAPTER XXXII.
ANIMALS.
§ 436. Injuries by animals. — The subject of in- jury by animals is in some respects peculiar, partak- ing as it does of th...e nature both of nuisance and negligence. In this place, injuries caused by the Voluntary act or purpose of the owner of the ani- mals, will not be considered, for such injuries would usually be deemed an assault and battery by the owner himself.
In considering the law, a distinction must be kept in mind from the outset, between acts that are a trespass on land and acts that are not.
§ 437. Trespass upon land by animals. — Every unwarrantable entry by one's animals upon the land of another is a trespass, whether the land be en- closed or not.
What to read after A Manual of Elementary Law Being a Summary of the Well Settled Elementary Prin?
You can find similar books in the "Read Also" column, or choose other free books by William P William Pickney Fishback to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Where there is an obligation for especial care, the presumption of negligence will be made, when it would not under ordinary circumstances. For example, if a railroad train runs off the track and injures a passenger and a bystander, as to the passenger the presumption of negligence in the railroad company would arise, but not as to the bystander.
18 CHAPTER XXXII.
ANIMALS.
§ 436. Injuries by animals. — The subject of in- jury by animals is in some respects peculiar, partak- ing as it does of th...e nature both of nuisance and negligence. In this place, injuries caused by the Voluntary act or purpose of the owner of the ani- mals, will not be considered, for such injuries would usually be deemed an assault and battery by the owner himself.
In considering the law, a distinction must be kept in mind from the outset, between acts that are a trespass on land and acts that are not.
§ 437. Trespass upon land by animals. — Every unwarrantable entry by one's animals upon the land of another is a trespass, whether the land be en- closed or not.
What to read after A Manual of Elementary Law Being a Summary of the Well Settled Elementary Prin?
You can find similar books in the "Read Also" column, or choose other free books by William P William Pickney Fishback to read onlineMoreLess
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