 | Daniel Gardner - International and municipal law - 1860 - 740 pages
...persons designated by a State law, or any person on whom the duty of public protection devolves, may, in a case of actual necessity, to prevent the spreading of a fire, the advance of an hostile army, the ravages of a pestilence or any other great calamity, destroy the private... | |
 | Law reports, digests, etc - 1896 - 916 pages
...are principally three: viz.; the riirht of personal security, personal liberty, and private property. In a case of actual necessity to prevent the spreading of a fire, the ravages of a pestilence, the advance of a hostile army, or any other great public calamity, the private property of an individual... | |
 | Ira K. Morris - Staten Island (New York, N.Y.) - 1900 - 590 pages
...arson in the third degree.' " After reviewing the management of the hospitals, Judge Metcalfe adds : " Senator Sherman says, truly, ' The best elementary...that in a case of actual necessity, to prevent the actual spreading of a fire, the ravages of a pestilence, or any other great public calamity, the private... | |
 | James Newton Fiero - Pleading - 1903 - 922 pages
...lc.x, On appeal, 18 Wend. 125 (129), the chancellor says: "The principle appears to be well settled, that in a case of actual necessity, to prevent the spreading of a fire, the ravages of a pestilence, the advance of a hostile army, or any other great public calamity, the private property of an individual... | |
 | Howard Strickland Abbott - Corporation law - 1906 - 1044 pages
...other persons in the immediate neighborhood. it was taken for private use." Senator Sherman also said: "The best elementary writers lay down the principle,...centuries sustained, sanctioned and upheld it, that in the case of actual necessity, to prevent the spreading of a fire, the ravages of a pestilence, or other... | |
 | John Henry Wigmore - Torts - 1912 - 1076 pages
...which naturally arise upon this record. I shall assume, however, 1st. That it is now well settled, Ե v o A7I Tr# \#~ T { "0 b (ݭ the advance of a hostile army, or any other great public calamity, the private property of an individual... | |
 | Insurance law - 1884 - 970 pages
...955 et w?. ; Cooley Con. Lim., 749. Russell vs. Mayor, 2 Dillon, 461. In this case, it is said : " The best elementary writers lay down the principle,...adjudications upon adjudications have for centuries sustained, sancti OT ed and upheld it, that in a case of actual necessity, to prevent the spreading of a fire,... | |
 | William J. Novak - Reference - 1996 - 412 pages
...the court had no trouble with the common law of necessity: The principle appears to be well settled, that in a case of actual necessity, to prevent the spreading of a fire, the ravages of pestilence, the advance of a hostile army, or any other great public calamity, the private property... | |
 | Law - 1874 - 676 pages
...v. Lord, 18 Wend. 129, it is said by Chancellor WALWORTH that "the rule appears to be well settled that in a case of actual necessity, to prevent the spreading of a fire, the ravages of a pestilence, the advance of a hostile army, or any other public calamity, the private property of an individual... | |
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The best elementary writers lay down the principle, and adjudications upon adjudications have for centuries sustained, sanctioned, and upheld it, that in a case of actual necessity, to prevent the spreading of a fire, the ravages of a pestilence, or any... 