Home > The British Columbia Reports Volume 10; Being Reports of Cases Determined in the Supreme and County Courts and in Admiralty and on Appeal in the Courts of Appeal, with a Table of the Cases Argued, a Table of the Cases Cited and a Digest of the Prin: (English)
The British Columbia Reports Volume 10; Being Reports of Cases Determined in the Supreme and County Courts and in Admiralty and on Appeal in the Courts of Appeal, with a Table of the Cases Argued, a Table of the Cases Cited and a Digest of the Prin: (English)

The British Columbia Reports Volume 10; Being Reports of Cases Determined in the Supreme and County Courts and in Admiralty and on Appeal in the Courts of Appeal, with a Table of the Cases Argued, a Table of the Cases Cited and a Digest of the Prin: (English)

          
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About the Book

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. 1904 Excerpt: ...of its presence when rushing towards it. We have not to consider whether or not the fence was a suffi cient compliance with the Fence Act incorporated into the Rail-Full Court way Act, but only whether it is such a fence as can, under any 1904 circumstances, be lawfully erected by one proprietor as against April 18. another, and I am of the opinion that, having regard to the Plath Iocus in quo, the plaintiff has failed to shew that it is not a law-v. fill fence. The test is not whether it is dangerous to a bolting Fork" horse, for, indeed, all fences are more or less dangerous to such animals, but whether it is dangerous to ordinary stock under ordinary conditions. There was no evidence to shew that it is not reasonably safe under ordinary conditions, and it was incumbent on the plaintiffs to prove that this was the case. All that Plath says is that the fence is dangerous for cattle, but he does not say under what conditions. Ballard, the other plaintiff, goes so far as to say that such a fence is extremely dangerous to all kinds of stock under all circumstances, but he admits that there are other such fences in the valley without boards or poles, nor does he give any instances of damage by which the value of his opinion might be tested. Pierce and Cooper say that the fence is dangerous, but do not state under what conditions, while Hughes says it is dangerous for horses, but not for cattle or sheep, nor does he mention any conditions. It is impossible on this evidence to say that the plaintiffs have satisfied the onus which is on them to shew that the fence was dangerous to ordinary horses under ordinary conditions, especially in view of the fact that such fences are in common use over the Hunter, C.j. whole country. It may be conceded that the fence ...


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Product Details
  • ISBN-13: 9781130245097
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 226
  • Series Title: English
  • Weight: 413 gr
  • ISBN-10: 1130245098
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 12 mm
  • Width: 189 mm


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The British Columbia Reports Volume 10; Being Reports of Cases Determined in the Supreme and County Courts and in Admiralty and on Appeal in the Courts of Appeal, with a Table of the Cases Argued, a Table of the Cases Cited and a Digest of the Prin: (English)
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The British Columbia Reports Volume 10; Being Reports of Cases Determined in the Supreme and County Courts and in Admiralty and on Appeal in the Courts of Appeal, with a Table of the Cases Argued, a Table of the Cases Cited and a Digest of the Prin: (English)
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The British Columbia Reports Volume 10; Being Reports of Cases Determined in the Supreme and County Courts and in Admiralty and on Appeal in the Courts of Appeal, with a Table of the Cases Argued, a Table of the Cases Cited and a Digest of the Prin: (English)

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