Ontario Reports Volume 14

Ontario Reports Volume 14

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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. 1907 edition. Excerpt: ...rule upon the subject: Taylor v. Mostyn (1886), 33 Ch. D. 226; I/iviragstone v. Rawyards Coal Co., 5 App. Cas. 25; Clerk & Lindsell's Law of Torts, 4th ed., p. 359. i In Peruvian Guano Co., Limited, v. Dreyfus Brothers & Co., 1892 A.C. 166, these and other authorities are reviewed. Lord Macnaghten having referred to the other cases, quotes (at p. 175) the language of Lord Cairns in the Livingstone case (at p. 32) as follows: "Of course the value of the coal taken must be the value to the person from whom it was taken, because I do not understand that there is any rule, in this country, or in Scotland, that you have D. C. 1907 ' find. The money having been paid into Court, the plaintiff claiming Fautrcunn U Gamma. the right to follow the article which is taken away, the coal which is severed from the inheritance, into whatever place it may be carried or under whatever circumstances it may come to be disposed of, and to fasten upon any increment of value which from exceptional circumstances may be found to attach to that coal. The question is, what may fairly be said to have been the value of the coal to the person from whose property it was taken at the time it was taken." Lord Macnaghten then proceeds: "Those observations, which are in accordance with the principles laid down in Reid v. Fairbanks (1853), 13 C.B. 692, seem to me to be of the greatest importance, because I do not understand that they are necessarily confined to the case of coal trespass, and it cannot be denied that the payment of freight in the present case was at least as exceptional a circumstance as the bringing to bank of the coal in the case which Lord Cairns was considering." In the Umkm Bank v. Rikieau Lumber Co., 4 O.L.R....
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Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236963652
  • 9781236963659