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" All that is perfectly correct: for, although the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely to prevent mischief. Were this not so, a man might justify the driving over goods... "
The American and English Railroad Cases: A Collection of All the Railroad ... - Страница 294
аутор(и): - 1882
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Том 10

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 842 страница
...perfectly correct; for, although the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely...against a carriage going on the wrong side of the road. GURNEY, B., and ROLFE, B., concurred. Rule refused. Etch. of Pleat, 1842. V ~~~.r~"~.' BOURKE u. LLOYD....
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Queen's Bench Reports, Том 7

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1847 - 1142 страница
...be likely to prevent COLCHESTER ' »• mischief. Were this not so, a man might justify the BROOKE. driving over goods left on a public highway, or even...against a carriage going on the wrong side of the road." We think, on this ground, that the finding on this issue for the defendant was immaterial. The remarks...
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The Law Students Magazine, Том 1

1849 - 734 страница
...perfectly correct ; for, although the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely...lying asleep there, or the purposely running against a carnage going on the wrong side of the road." MISCELLANEA. Assignment of reversionary chose in action...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1849 - 808 страница
...there. Although, said Parke, B., the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely to prevent mischief; and were this not so, a man might justify the driving over goods left on a public highway, or even...
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English Reports in Law and Equity: Containing Reports of Cases in the ..., Том 2

Edmund Hatch Bennett, Chauncey Smith - 1851 - 674 страница
...549 ; 6 Jur. 955, " Although the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely to prevent mischief." " The wrong-doer is not without the pale of the law for this purpose." The Mayor of Colchester v. Brooke,...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1851 - 836 страница
...there. Although, said Parke, B., the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely to prevent mischief; and were this not so, a man might justify the driving over goods left on a public highway, or even...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Том 4

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1854 - 738 страница
...his own wrongful act in turning it fettered into the highway. " Were this not so," said Parke, B., "a man might justify the driving over goods left on...or the purposely running against a carriage going _ on the wrong side of the road." Browncll v. Flagkr, 5 Hill, NY, 282, was as follows : Flaglcr was...
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The Practice in Courts of Justice in England and the United States, Том 2

Conway Robinson - 1855 - 884 страница
...perfectly correct; for although the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely...so, a man might justify the driving over goods left in a public highway, or even over a man lying asleep there, or the purposely running against a carriage...
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A Treatise on the Law of Reparation

John Guthrie Smith - 1864 - 590 страница
...que lui est personnel, 16 March 1836, FC ete. : Lyons, 17th Jan. 1844, cited (rf) 10 M. and W. M7. such a pace as would be likely to prevent mischief....highway, or even over a man lying asleep there, or improperly running against a carriage going on the wrong side of the road. The question for the jury...
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A Handy Book of the Law of London Cabs and Omnibuses

Sir William Thomas Charley - 1867 - 256 страница
...servant run down and kill a donkey wrongfully tethered on the highway, the master will be liable. " Were this not so, a man might justify the driving...against a carriage going on the wrong side of the road." Per Parke, B. (Lord Wensleydale), in Davics v. Mann.2 Mere negligence, or want of ordinary care and...
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