Columbia Law Review Volume 19

Columbia Law Review Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ... cases insist that title passes to only so much timber as is severed and removed within a reasonable time. Northern Tex. Lumber 00. v. McWorther (Tex. Civ. App. 1913) 156 S. W. 1152; Young v. Camp Mfg. Co. (1910) 110 Va. 678, 66 S. E. 843. There is no practical diflerence with respect to the rights and remedies of the parties in the results reached by the last two groups of cases. See King v. M erriman (1887) 38 Minn. 47, 35 N. W. 570. But to hold that the purchaser gets absolute and unconditional title to all the timber described in the granting clause is to give him a title which cannot be enforced or protected either at law or in equity, Mt. Vernon Lumber Co. v. Shepard (1913) 180 Ala. 146, 60 So. 825; Pierce v. Finerty, supra; as well as to sanction a rule which encourages unlawful acts and invites litigation. It is submitted, therefore, that the principal case reached the most logical conclusion as well as the one best carrying out the intention of the parties. Toa'rs--NuxsaNoE--Ar'mAo'rmo Rns--Dssrauc'non or Caors.--The defendant had for thirty years with due care and in connection with his business maintained a pile of bones which attracted rats. During the years 1916-17 a larger number than usual entered the plaintiff's land and injured his crops, although there had been no increase in the_ number of bones. Held, the defendant was not liable for the damage so caused. Stearn v. Prentice (1918) 146 L. T. 158; 63 S. J. 229. The keeping of the bones on the defendant's land attracted rats and resulted in the injury to the plaintifl"s crops. Due to the long continuance of the rats and bones it must be assumed that the defendant knew or should have known of this result. But one cannot place a liability on another merely more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236922816
  • 9781236922816