Über dieses Buch
Meine Mediathek
Bücher bei Google Play
250. Leaving open accommodation
gates.
251. Dangerous canals.
252. Negligent management of docks
and wharfs.
253. Dangerous machinery.
254. Injuries to servants from danger-
ous premises or employment.
255. Exemption of the master from
liability when the danger is
known to the servant.
256. Where the workman is employed
in the use of dangerous ma-
chinery.
257. Injuries to workmen from de-
fective hoisting-tackle in mines
and insecure scaffolding and
ladders.
258. Injuries to guests from the dan-
gerous state of the premises of.
their host.
259. Contributory negligence on the
part of the plaintiff.
260. Where the plaintiff's right to re-
cover is not defeated by his
being a trespasser.
261. Nuisances and injuries from the
keening of ferocious animals.
262. Effect of putting up a notice to
beware of the dog.
263. Dogs worrying sheep and de-
stroying game.
264. Of the keeping dogs reputed to
have been bitten by a mad
dog.
265. Injuries from driving ferocious
animals along a public thor-
oughfare.
SECTION II-Abatement of Nuisances- Statutory Remedies and Penalties Actions
-
Prohibition-Injunction and Indictment.
266. Abatement of nuisances.
267. Abatement of nuisances upon
commons.
268. Removal of ruinous buildings.
269. Abatement of nuisances arising
from the exercise in excess of
limited rights.
270. Removal of obstructions in pub.
lic thoroughfares.
271. The removal of obstructions in
watercourses.
272. Removal of obstructions to the
navigation of navigable rivers.
273. Obstructions to fishing.
274. Pulling down ruinous houses ad-
joining a public thoroughfare.
275. Statutory remedies and penalties
in respect of nuisances from
gas-works.
276. Penalties for fouling water.
277. Penalties for the non-consump-
tion of smoke.
278. By-laws for the suppression of
nuisances.
279. Actions for nuisances-Private
injuries from a public nuisance.
280. When a notice to abate or dis-
continue a nuisance should be
given before commencing an
action.
281. Continuing nuisances.
282. Parties to be made plaintiffs.
283. Parties to be made defendants.
284. Declarations for nuisances.
285. Declarations for injuries from the
keeping of ferocious animals.
286. Plea of not guilty.
287. Pleas justifying the fouling of the
water of a stream under a pre-
scriptive right to discharge
into it the refuse of dye-houses
and manufactories, and the
washings of mines.
288. Pleas justifying the obstruction
of a watercourse.
289. Pleas justifying the poisoning of the atmosphere with noxious smells and exhalations under a prescriptive right to carry on an offensive trade.
290. Evidence at the trial-Proof on
the part of the plaintiff.
291. Evidence for the defense.
292. Damages recoverable.
SECTION III.-Prevention of nuisances
by injunction and in-
dictment.
295. Injunction to prevent the contin-
uance of noisy nuisances.
296. Prevention of public nuisances.
297. Prevention of public nuisance by
indictment.
298. Nuisances in public highways.
299. Indictment against a corporation.
300. Proof of dedication of way to the
public.
301. User of a way by the public is by
no means conclusive of the
way being a public way.
302. Proof of animus dedicandi.
303. Occupation roads.
304. No particular time of enjoyment
is necessary for evidence of
dedication.
305. There may be a highway, by
dedication to the public, where
there is no thoroughfare.
306. Who may dedicate- A mere ten-
ant or lessee has no power to
throw open land to the public.
307. Commissioners of public works
have no power to dedicate.
308. Limited dedication.
309. Gates across a highway.
310. There can be no dedication for a
limited time.
311. Common highway of necessity,
312. Proof of highway by proof of
parish repairs.
313. Indictable obstructions in public
thoroughfares.
314. Indictable obstructions in navi-
gable rivers.
315. Repair of highways, sea-banks,
and sewers.
316. Liability to repair ratione clau-
sura.
317. Repair by district highway board.
318. Ditches of turnpike roads,
CHAPTER V.
OF INJURIES TO LANDS AND TENEMENTS
FROM WASTE, NEGLIGENCE,
AND FIRE.
327. Tenant at will.
328. Tenant for life.
329. When the cutting of wood to be
used on the estate is waste.
330. Decaying timber.
331. Waste by taming and reclaiming
deer.
332. Equitable waste.
333. When tenants in fee simple will
be restrained.
334. When lessee for term of years
will be enjoined.
335. Waste by trustees.
336. Persons having only an equitable
interest in land.
337. Ecclesiastical dilapidations.
338. Waste by copyholders.
339. Tenants in common.
340. Waste by the removal of fixtures.
341. Landlord's fixtures.
342. Tenant's fixtures.
317. Abandonment of the right to dis-
annex and remove ornamental
and trade fixtures.
348. Inability of the tenant to remove fixtures after the expiration of
his term.
349. Right of purchasers or mortga-
gees to enter and remove fix-
tures.
350. Waste committed by strangers
upon land demised to a tenant
or lessee.
351. License to commit waste.
352. Right of reversioners to enter
upon lands in the possession of
their lessees to inspect waste.
353. Injuries to lands and tenements
from fire.
354. Accidental fires.
355. Fire spreading from blast-fur-
naces and steam-engines.
356. Fire spreading from railways to
the adjoining property.
357. Fires occasioned by the negli-
gence of servants.
358. Injuries from gunpowder and ex-
plosive substances-Explosions
of gas.
SECTION II.-Remedies at common law
for injuries to lands
from waste, negligence,
and fire.
359. The writ of prohibition for waste.
360. Actions for waste.
361. Actions by owners of insured
premises.
362. Parties to actions for waste.
363. Declarations for waste.
364. Declarations upon the custom of
the realm for the negligent
keeping of a fire.
365. Pleas.
366. Evidence at the trial.
367. Damages recoverable in respect
of the severance and sale of
fixtures.
368. Effect of the recovery of nominal
damages.
369. Assessment of damages.
370. Damages recoverable from a ten-
SECTION I. Of trespasses upon lands
and tenements..
375. What constitutes a trespass.
376. Abuse of a license or authority
rendering a person a trespasser
ab initio.
377. Trespasses by cattle and domes-
tic animals.
378. Trespasses from want of fences
and from defective fences.
379. Who is bound to fence and repair
fences.
380. Destruction of crops by rabbits
and pigeons.
381. Damage done by intruding dogs.
382. Trespasses where the surface and
subsoil of land constitute sep-
arate freeholds.
383. Forcible entry and detainer.
384. Of trespasses upon the soil of
highways set out and dedicated
to the public by private pro-
prietors.
385. Of continuing trespasses.
SECTION II. Of the title to land, fences
and boundary walls.
386. Proof of possession of land and
permanency of the rents prima facie evidence of the seisin in fee of the person possessed.
387. Trial of title in an action of
trespass.
388. Title to realty from twenty years'
possession.
389. Accrual of the right on dispos-
session or discontinuance of
390. What is a dispossession or dis-
continuance of possession.
391. Occupation by poor relations and
servants-The possession of
the servant the possession of
the master.
392. Accrual of the right on death,
alienation, forfeiture, &c.
393. Conversion of defeasible tenan-
cies-at-will into an indefeasible
title-Possession of land by a
cestui que trust.
394. Title of bona fide purchasers of
trust estates.
395. Acquisition of title by persons
who obtained possession origi-
nally as tenants from year to
year.
396. Effect of continued wrongful re-
ceipt of rent.
397. Entry upon land and continued
claim.
398. Possession of co-parceners, joint-
tenants, and tenants-in-com-
mon.
399. Possession of younger brothers or
relations.
400. Acknowledgments of title.
401. Ecclesiastical and eleemosynary
institutions.
402. Disabilities.
403. Preservation of the rights of the
landowner by re-entry and
resumption of possession of
lands before the expiration
of the period of limita-
tion.
404. Rights of mortgagees.
405. Title to the church, chancel, and
churchyard.
406. Title to the sea-shore and bed of navigable rivers.
407. Title to the soil of rivers or fresh-
water lakes.
408. Of the title to waste uninclosed-
land adjoining the sea-shore.
409. Of the right to the soil of turn-
pike roads and highways.
410. Accommodation ways.
411. Of the title to waste lands ad-
joining public highways.
412. Of the right to the soil of towing-
paths and the banks of rivers
and canals.
413. Of the right of property in trees
and bushes.
414. Of the ownership of trees stand-
ing in boundary hedges.
415. Of the right of property in boun-
dary walls and fences.
416. Of the ownership of hedges and
ditches.
417. Title to a pew in church.
418. Of actions against the hundred
for damage done to tenements
by rioters.
419. Parties plaintiff in actions for tres-
pass.
420. Tenants in common.
421. Tenant and reversioner.
422. Parties to be made defend-
ants.
423. Declarations for trespasses upon
land-Venue.
424. What may be given in evidence
under plea of not guilty.
425. Of pleas denying the plaintiff's
title or right of possession.
426. Of the plea of liberum tenemen-
tum, or plea of freehold.
427. Replication-Estoppel.
428. Of the plea of leave and license-
Equitable defenses.
429. Special pleas of matters in con-
fession and avoidance-Matters
of excuse.
430. Pleas justifying a trespass.
431. Justification of trespass under the
powers and provisions of an
act of Parliament.
432. Pleas justifying the breaking and
entering a dwelling-house with-
out warrant.
433. Of pleas of justification under a
prescriptive title.
434. Pleas of justification in the exer
cise of a right of way.
435. Replications traversing the pre-
scriptive right set up by the
defendant's pleas.
436. Traverse of the enjoyment as of
right and without interrup-
437. Replications traversing the enjoy-
ment of a right of way.
438. Facts and circumstances which
must be specially replied.
439. Replication of the existence of a
tenancy for life during part of
the period of enjoyment relied
on by the plea.
440. Rejoinder traversing the fact of
the existence of the tenancy
for life, during part of the
period of enjoyment.
441. Evidence at the trial-proof on
442. Proof under a
traverse of the
plaintiff's possession, or right
of possession of the locus in