Is the Renvoi a Part of the Common Law?
Is the Renvoi a Part of the Common Law?
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327 (1890).
» 145 Mass. 561, 14 N. E. 652 (1888).
» Merrifield v. Lombard, 13 Allen 16 (1866).
*• Boston Belting Co. v. Boston, 152 Mass. 307, 25 N. E. 613 (1890); Boston Belting Co. v, Boston, 183 Mass. 254, 67 N. E. 428 (1903); Rowe ». Granite Bridge Corp., 21 Pick. 344 (1838); Moulton v. Newburyport Water Co., 137 Mass. 163 (1884).
Digitized by Google 482 HARVARD LAW REVIEW vision must be made for the watercourse or else damages paid.** And it has been held that a town is liable for permitti...ng a third party to close the openings in a highway bridge built over a tidal stream, whereby the water was set back upon plaintiff's land.*^ But while the bridge must be adequate to provide for conditions naturally to be anticipated, the dty is not liable in tort because the bridge was insujfident for an extraordinary freshet.* Yet, where the bridge was negligently built in a manner insufficient to take care of the stream imder ordinary conditions, tort will lie, even though the bridge was built imder proper authority, since such authority must be reasonably and skillfully exercised.*^ On the other hand, the dty is not liable because a bridge originally suffident becomes insuffident to take care of the natural flow of the stream because of the imauthorized acts of third parties.** In bridging natural watercourses, then, the authorities are liable in tort if the bridge be insuffident for conditions naturally to be anticipated, but are not liable for damage due to extraordinary freshets or to the unauthorized acts of third parties.
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You can find similar books in the "Read Also" column, or choose other free books by Edwin Hale Abbot to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
327 (1890).
» 145 Mass. 561, 14 N. E. 652 (1888).
» Merrifield v. Lombard, 13 Allen 16 (1866).
*• Boston Belting Co. v. Boston, 152 Mass. 307, 25 N. E. 613 (1890); Boston Belting Co. v, Boston, 183 Mass. 254, 67 N. E. 428 (1903); Rowe ». Granite Bridge Corp., 21 Pick. 344 (1838); Moulton v. Newburyport Water Co., 137 Mass. 163 (1884).
Digitized by Google 482 HARVARD LAW REVIEW vision must be made for the watercourse or else damages paid.** And it has been held that a town is liable for permitti...ng a third party to close the openings in a highway bridge built over a tidal stream, whereby the water was set back upon plaintiff's land.*^ But while the bridge must be adequate to provide for conditions naturally to be anticipated, the dty is not liable in tort because the bridge was insujfident for an extraordinary freshet.* Yet, where the bridge was negligently built in a manner insufficient to take care of the stream imder ordinary conditions, tort will lie, even though the bridge was built imder proper authority, since such authority must be reasonably and skillfully exercised.*^ On the other hand, the dty is not liable because a bridge originally suffident becomes insuffident to take care of the natural flow of the stream because of the imauthorized acts of third parties.** In bridging natural watercourses, then, the authorities are liable in tort if the bridge be insuffident for conditions naturally to be anticipated, but are not liable for damage due to extraordinary freshets or to the unauthorized acts of third parties.
What to read after Is the Renvoi a Part of the Common Law??
You can find similar books in the "Read Also" column, or choose other free books by Edwin Hale Abbot to read onlineMoreLess
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