The Western Law Reporter (Canada) And Index-Digest

Cover The Western Law Reporter (Canada) And Index-Digest
The Western Law Reporter (Canada) And Index-Digest
Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams
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Laken, reported in 57 L. R, A.
132. I quote from p. 135 (2nd column) : " It was the duty of the defendant not to suffer such a wall to remain on his land, where its fall would injure his neighbour, without using such care in the maintenance of it as would absolutely Digitized by Google prevent injuries, except from causes over which he would have no control, such as vis major, acts of public enemies, or wrongful acts of third persons, which human foresight could not reasonably be expected to an
...ticipate and prevent.'' In the present case it was apparent, I think, after the debris had been taken out, that the walls were not safely braced. If the defendant had employed the contractor, when taking out the frozen rubbish, and thereby weakening the bracing of the wall, to sufficiently replace such support with further bracing, and the' contractor, though a com- jjctent one, had neglected to do so, and the injury which did liappen had resulted therefrom, there is no doubt that the defendants would be liable.

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