swarb.co.uk - law index
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Agriculture - From: 1849 To: 1899
This page lists 4 cases, and was prepared on 02 April 2018.
Sir Robert Edward Wilmot, Baronet v Joseph Rose [1854] EngR 424; (1854) 3 El and Bl 563; (1854) 118 ER 1253
25 Apr 1854
Agriculture, Insolvency
Sect. 11 of the Act "To regulate the sale of farming stock taken in execution," 56 G. 3, e. 50, enacts that no assignee of any bankrupt or insolvent debtors' estate, or under any bill of sale, nor any purchaser of the goods, chattels, stock or crop of any peraon employed in husbandry, on lands let to farm, shall use or dispose of any produce of such land in any other manner, and for any other purpose, than sucb bankrupt, insolvent, or other person employed in husbandry, ought to have used or disposed of the same if there had been no bankruptcy, assignment or sale made.-Held : that this prohibitioti as to purchasers is not confined to purchasers under an execution.
[ Commonlii ]
Malcolmson v O'Dea; HL 1863 - (1863) 10 HL Cas 618
Ellis v Loftus Iron Co (1874) LR 10 CP 10
1874
Lord Coleridge CJ
Torts - Other, Torts - Other, Nuisance, Animals, Agriculture, Land
The pasturing of cattle must be one of the most ordinary uses of land, and strict liability for damage done by cattle enclosed on one man's land if they escape thence into the land of another, is one of the most ancient propositions of our law. It is in fact a case of pure trespass to property, and thus constitutes a wrong without any question of negligence.
Lord Coleridge CJ said: "It is clear that, in determining the question of trespass or no trespass, the court cannot measure the amount of the alleged trespass; if the defendant places a part of his foot on the plaintiff's land unlawfully, it is in law as much a trespass as if he had walked half a mile on it."
1 Citers
Attorney General v Emerson [1891] AC 649
1891
Land, Agriculture
Forms of fishing which involve fixtures into the soil of the foreshore are more likely to be regarded as acts of possession of the soil itself than would be more ephemeral forms of fishing.
1 Citers
