 | Great Britain. High Court of Justice. Exchequer Division - 1877 - 524 Seiten
...question is, did the defendant make out that the escape of the water was owing to the act of God ? Now the jury have distinctly found, not only that there...or the maintenance of the reservoirs, but that the 1876 flood was so great that it could not reasonably have been anticiNICHOLS pated, although, if it... | |
 | 1877 - 558 Seiten
...damages, the jury found that there was no negligence in the maintenance or construction of the pools, and that the flood was so great that it could not reasonably have been anticipated, though if it had been anticipated tbe effect might have been prevented. Held (affirming the judgment... | |
 | William Henry Michael - 1877 - 936 Seiten
...damages, the j ury found that there was no negligence in the construction or maintenance of the pooh), and that the flood was so great that it could not reasonably have been anticipated, though, if it had been anticipated, the effect might have been prevented. Held by the Court of Appeal... | |
 | William Wait - 1879 - 1002 Seiten
...is caused by the act of God, or vis major • as, for example, by an extraordinary rain-fall which could not reasonably have been anticipated, although,...anticipated, the effect might have been prevented. Thus, on the defendant's land were artificial pools, containing large quantities of water. These pools... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - 1880 - 788 Seiten
...found that commou law. {here was no negligence in the maintenance and construction of the pools, and that the flood was so great that it could not reasonably have been anticipated, though if it had been anticipated, the effect might have been prevented; it was held, affirming the... | |
 | Sydney Hastings - 1885 - 532 Seiten
...J., at p. 4. 8 A TREATISE ON TORTS. Chap. I. or ris major; eg, by an extraordinary rainfall, which could not reasonably have been anticipated, although...anticipated, the effect might have been prevented (s). The doctrine as The doctrine which is laid down in the text-books, that it is a to suspens,on... | |
 | Thomas Edward Scrutton - 1886 - 386 Seiten
...been prevented." This view is supported by Nichols v. Marsland (x), in which the jury found that a flood was " so great that it could not reasonably have been anticipated, though if it had been anticipated the effect might have been prevented," and the Court of Appeal held... | |
 | Thomas Edward Scrutton - 1886 - 382 Seiten
...the jury found that a flood was " so great that it could not reasonably have been anticipated, though if it had been anticipated the effect might have been prevented," and the Court of Appeal held that such a flood was an " act of God." The exception " act of God " appears... | |
 | Stephen Martin Leake - 1888 - 672 Seiten
...case of a reservoir of water being destroyed and washed away by an extraordinary storm of rain, which could not reasonably have been anticipated, although...anticipated, the effect might have been prevented ; for an extraordinary storm like an earthquake, might be called an act of God or vis major, meaning... | |
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The remaining question is, Did the defendant make out that the escape of the water was owing to the act of God ? Now the jury have distinctly found, not only that there was no negligence in the construction or the maintenance of the reservoirs, but that... 
