A Selection of Cases on the Law of Torts

A Selection of Cases on the Law of Torts

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...before Kelly, J., and a jury, and a verdict rendered for plaintiff. fondants. In consequence of which the plaintiff fell and sustained considerable Injury. The difference of level In the footway arose from a carriageway having been made for the purpose of access to Captain Machell's stable, the yard of which adjoined the footway. This work was executed by Captain Machell In the year 1873. The plaintiff In his statement of claim asserted that the defendants had wrongfully suffered and permitted the footway to be out of repair and In a condition dangerous to passengers. It appeared clearly at the trial that there had been no misfeasance on the part of the defendants. The utmost that could be charged against them was non-feasance. It was strongly urged at the bar that the highway Including the footway being vested In the defendants, they were responsible If It was not kept In proper condition and repair to any one who was Injured by reason of Its not being so kept. In support of their contention they relied mainly on the 144th and 149th sections of the Public Health Act, 1875. By the former of those sections every urban authority Is to execute the office of surveyor of highways, and to exercise and be subject to all the powers, duties, and liabilities of surveyors. By the latter It Is provided that the urban sanitary authority shall from time to time cause all streets vested In them to be levelled, paved, metalled, Sagged, channelled, altered, and repaired as occasion may require. Amongst the duties thus Imposed upon the urban authority was undoubtedly the duty of keeping this highway In repair, and it Is said that any person Injured by the non-performance of a statutory duty is entitled to recover against the person on wh"m that duty rests. I...show more

Product details

  • Paperback | 524 pages
  • 189 x 246 x 27mm | 925g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236565932
  • 9781236565938