Cox's Magistrates Cases Volume 10

Cox's Magistrates Cases Volume 10

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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. 1878 edition. Excerpt: ...Smith says: "Be that as it may, I rely upon this, that there was an agreement here." But, so far from that, there is no agreement, or shadow of an agreement, nor, indeed, any statement of any agrvement, and the only way in which Mr. Smith can suggest that there was an agreement, is by saying that they should have taken the plaintifl's easement by agreement, that they have taken it (which is not true, by-the-by), and therefore that they must have agreed to take it. It is an ingenious argument, but it fails the moment that it is examined. It seems to me, therefore, that we must hold the defendants to have the same right now under the Metropolis Local Management Act as they had under the former Acts to raise or lower roads, and that, if they formerly had power to damage a man's proerty without making him any compensation, they ave it still. But, for my own part, and speaking with great respect for anybody who has so decided, I cannot help thinking that 1t is, as a certain conclusion was callcd yesterday in the Court of Appeal, "a revolting one." It seems to me to be really outrageous that 5l. worth of property cannot be taken without a man's consent, but that 50001. worth of damage may be done to his land by its being "in'uriously afiected" by the works done under the authority of the Act of Parliament. I have, with all respect for the authorities who so decided, the greatest misgivings upon the subject. It seems that the defendants might almost as well say " We were raising the road, which we had a perfect right to do, and we saw you, the plaintiff, walking by, and although some of the stones fell upon you and broke your limbs or fractured your skull, yet we had authority to inflict that injury more

Product details

  • Paperback | 634 pages
  • 189 x 246 x 33mm | 1,116g
  • United States
  • English
  • black & white illustrations
  • 1236978374
  • 9781236978370