The Canada Law Journal, 1917, Vol. 53 (Classic Reprint)

Released on by Henry O'Brien
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  • The Canada Law Journal, 1917, Vol. 53 (Classic Reprint) Book Detail

  • Author : Henry O'Brien
  • Release Date : 2017-11-06
  • Publisher : Forgotten Books
  • Genre :
  • Pages : 466
  • ISBN 13 : 9780260397430
  • File Size : 8,8 MB
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The Canada Law Journal, 1917, Vol. 53 (Classic Reprint) by Henry O'Brien PDF Summary

Book Description: Excerpt from The Canada Law Journal, 1917, Vol. 53 The attack on' Miller v: Hancock was carried further in Dobson v. Horsley (1915, 1 kb. Where a child of a tenant of a room had been injured through falling from a staircase, one of the rails of which was missing. It appeared that the railing was missing at the time of the letting of the room, and the fact that it was missing was obvious on inspection - at least to adults, if not to three-years-old playing with his toys. Hence Buckley, l.j., pointed out that there was no trap, and accordingly the child and his father, who were suing as co-plaintifls, had no remedy. Here, as in other cases subsequent to Miller v. Hancock, it was observed that that was a decision upon the facts of the particular case - a remark which applies just as much, perhaps, to all decisions. It is a maxim of case-law that each decision is concerned only with particular facts, and when it purports to establish a principle wider than the facts require, the excess is liable to be treated as obiter dictum. In fact, the idea of Miller v. Hancock being based on the trap doctrine seems to have been invented by subsequent judges who did not care to place the landlord's liability as high as seemed proper to the Court of Appeal in that case, and Dobson v. H orsley and Miller v. Hancock must be regarded as being in conflict. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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The Canada Law Journal, Vol. 19

The Canada Law Journal, Vol. 19

File Size : 36,36 MB
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Excerpt from The Canada Law Journal, Vol. 19: From January to December, 1883 This table furnishes an easy means of reference to the English and Canadian cases b