U.S. law cabinet; comprising The business man's assistant and ready reckoner ; Trader's guide ... ; Landlord's & tenant's assistant ... ; Merchant's ... of the sea ... and master's and mate's manual

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 Excerpt: ...of care, as will prevent a reasonable person, acting himself with an ordinary degree of care, from receiving any injury by it 4 Car. & P. 337. It is universally the duty of the occupier of a house having an area fronting a public street, so to fence it as to make it safe to passengers, and it is no defence to an action against him for neglecting so to do, whereby the plaintiff fell down into the area, and was hurt, that when he took possession of the house, and as long back as could be remembered, the area was in the same open state as when the accident happened. 3 Camp. 398. Woodfall's Land. & Ten. 849. If the owner of a house is bound to repair it, he, and not the occupier, is liable to an action on the case for an injury sustained by a stranger from the want of repair. 2 H. Black. 349. An action lies against a party for so negligently constructing and keeping a hay rick on the extremity of his land that in consequence of its spontaneous ignition, his neighbor's house is burnt down. 3 Bing. N. C. 468. OF PRIVATE WAYS. A right of way over another man's land may arise either by grant of the owner of the soil, or by prescription which supposes a grunt, or from necessity. 1 Rol. Abr. Chemin private, 10. By Grant.--A grant of a right of way, to be valid, must be by deed; so also must a release. 9 Mete. 402. Where a right of way is granted, without any designation of the place in the deed, it becomes located by usage for a length of time. And being so located, it cannot afterwards be changed by the grantor. But if changed, and the grantee has, for a length of time, used the new road, his acquiescence in the alteration will be presumed. 12 John. 222. Under a grant of a way from one close to another, in, through, and along a particular way, the grantee is...