Ontario Reports Volume 48

Ontario Reports Volume 48

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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. 1921 edition. Excerpt: ...of earlier decisions, and in many of them the reasoning of the different Judges taking part is so discordant as to make it quite impossible to say that the particular decision is based upon any clear principle. I do not propose to trace the history of the cases or discuss them in detail. Most of them are dealt with in a valuable book, Robson, Trespasses and Injuries by Animals, 1915. In one of the la.ter decisions, Osborne v. Clwcqueel, 1896 2 Q.B. 109, the then Chief Justice of England, Lord Russell of Killowen, thus laments (pp. 110, 111): "I do not say that the law is in a satisfactory condition; Ilthink it is unsatisfactory. It would, in my opinion, be more in accordance with sound reason and principle to make a nian responsible for what his dog did. have not, however, to decide whether the law in this respect is satisfactory or unsatisfactory, but only to say what it is as applied to the particular case before us." He then refers to the fact that an attempt had been made in the House of Commons to change the law, but that the attempt was unsuccessful. I'n some of the earlier cases the view is taken that the owner of a beast is as liable for any trespass committed by it as he would be had the trespass been committed by himself. This ruling is founded on sound logic and good sense, and still remains the law, modified by certain important exceptions. The first exception, which goes far to'destroy the rule, is that the liability of the owner is limited to such damage as might reasonably be expected to result from the actions of an animal of the species in question or from the action of this particular animal, having regard to any mischievous propensity it had, known to its owner. Mr. Justice Brett, in Ellis v. Loftus Iron C0....
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Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236808258
  • 9781236808257