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SEC. I.

possession of a house or close, or of chattels. Part I.

. If a person forcibly enters into a house, he Cap. I may be forcibly ejected; but if he enters quietly, he must be requested to retire before he can be lawfully turned out, and then, if he refuses to retire, the owner may use as much force as is necessary to compel him. But in neither case may an unnecessary degree of force be resorted to. (Add. Torts, 397-8; Selw. N. P. 32-3; Broom Com. 665; 3 Ste. Com. 461; Roscoe on Evid. 597.)

A forcible entry is not lawful, even where the law gives a right of entry. (Add. Torts, 398; Cole on Eject. 69, 70, 686-690; Woodfall, 858, 860.)

In the case of an affray, any person is Putting justified in interfering and using such a affras. degree of force as may be necessary for the purpose of separating the combatants and putting an end to it. (Add. Torts, 398-9; 1 Burn's Justice, 56.)

When a person has been assaulted in such Where maya way as to put him in fear of grievous cusable. bodily harm, mayhem inflicted in self-defence is excusable. But a person may not make Dispropora return, in self-defence, wholly dispropor-injury in tionate to the injury he has received. (Add.

. Torts, 399; Roscoe on Evid. 594-5.)

down an

hem is ex

tionate

return.

SECTION II.

Definition of a nuisance.

Where redress not granted.

Of Consequential Injuries to Corporal

Security. Part I.

Consequential, as distinguished from direct CAP. I. injuries, frequently arise from nuisances or . II.

from negligence.

A nuisance is something done which has the effect of unwarrantably marring the enjoyment of the rights of another person.

Redress cannot be obtained for a thing as a nuisance, where it merely involves a reasonable use of the rights of the person charged with creating it, and it merely abridges the pleasure of the person suffering from it: it must, at the least, unwarrantably render the enjoyment of life or property uncomfortable. And hence the carrying on an offensive trade may be actionable if carried on in one locality, but not so if carried on in another. (See Add. Torts, 74; Roscoe on Evid. 514-5; Selw. N. P. 1129-31; Bamford v. Turnley, 10 W. R. 803.

And see p. 57, infra.)

Some nuisances affect the enjoyment of nuisances. rights concerning the person ; others affect

the enjoyment of proprietary rights. Some of the former are noticed in this section; some of the latter in a subsequent page.

Different sorts of

shafts.

Nuisances are either public or private. Part I.

CAP. I. Public or common nuisances are th ose things Sec. II. which prejudicially affect the public, i.e. all persons who come within the sphere of their operation, though they may affect some persons more than others. Private nuisances are things prejudicial to the enjoyment of private rights. (Broom Com. 693 ; 3 Ste. 490.)

If a person lawfully traversing land falls Wells of into an unguarded well or mining shaft, without negligence or misconduct on his part, the occupier of the land is responsible in damages. But if the person injured were trespassing, and the well or shaft were more than twenty-five yards from a public carriageway, the occupier would not be liable. (Add. Torts, 80, 95.) If a landowner suffers a path to his house Dangerous

paths. to be used, he is responsible for any act of his whereby injury arises to other persons, without giving them timely notice, or revoking the licence to use it. (Add. Torts, 81.)

If a householder leaves a cellar, vault, Dangerous area, or sewer unguarded, so close to a highway as to be dangerous to passengers in the dark or in foggy weather, he is responsible for any injury occasioned thereby. (Add. Torts, 82, 96; Roscoe on Evid. 528-9.)

vaults, areas, or sewers.

Ferocious animals.

a

Injuries from negligence or

PART I. Whoever keeps an animal which he knows
CAP. I.
Sec. II.

to be wont to attack mankind, is liable to an
action for damages by any person injured
by it. But a person may allow a fierce dog
to be loose at night for the protection of the
premises; yet not in the open approaches to
a house, so as to injure persons lawfully
coming to it. (Add. Torts, 96; Roscoe on
Evid. 525-6; Dixon's Law of Farm, 110-21.)

An action may be maintained for injuries carelessness. to corporal security arising from negligence

or want of proper care, in other cases besides

those of nuisances. Injury from Thus, when a coach is overturned and a

passenger is thrown out, owing to the careing.

lessness of the driver, the passenger may bring an action against the coach proprietor. (3 Ste. Com. 461; Roscoe on Evid. 518.) And a person walking or riding on a road, who sustains an injury in consequence of the furious, careless, or negligent driving of another, may maintain an action, unless his own want of reasonable care conduced to the

injury. (See Oliphant on Horses, 225.) Duty of per

A person driving is not bound to keep on sons driving and walking. the regular side of the road; but when on

the other side, he must use greater care to avoid a collision. A person driving over a

furious or careless driv.

CAP. I.

.

the health.

crossing for foot-passengers, or in a crowded Part I. part, ought to drive slowly and carefully; Sec. II. but it is also the duty of a foot-passenger to use due care, so as not to get recklessly among the carriages. (Add. Torts, 240; Oliphant on Horses, 241-3; Roscoe on Evid. 520-1.)

And it may here be added that redress Injuries to may be had by action for injuries to the health of an individual, by the sale of bad wine or provisions, or by the neglect or unskilful treatment of his medical attendant. (Broom Com. 692, 695-6; 3 Ste. Com. 462.)

When the death of a person is caused by Action by a tort which would have entitled him or her presentative to damages, an action for damages may be tort. brought by his or her personal representative, for the benefit of his or her wife, husband, parent, grandparent, step-parent, child, grandchild and step-child, in such shares as the jury shall direct; and the measure of damages is the actual or contingent pecuniary loss to the family from the death; but the jury cannot take into consideration the funeral expenses or mourning, or the mental suffering occasioned to the family. (Broom Com. 689-91; Wms. on Executors, 710-11; Add. Torts, 254, 267; 9 & 10 Vic. c. 93.)

personal re

of a person killed by a

.

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