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East Suffolk Rivers Catchment Board Vs. Kent and Another

Court : House of Lords

..... it was due to the forces of nature which the appellants, albeit unskilfully, were endeavouring to counteract. .....

Sedleigh-Denfield (Pauper) Vs. O' Callaghan and Others

Court : House of Lords

viscount maugham my lords, this is an appeal from an order of the court of appeal affirming the decision of branson j. which dismissed with costs the action of the plaintiff who is the appellant on this appeal. the respondents (the defendants) are the trustees of the st. joseph's society for foreign missions. the facts are very clearly stated in the judgment of the court, of appeal delivered by mackinnon l.j. and substantially they are as follows: the appellant is the owner and occupier of a house and garden called 1, victoria road, mill hill. to the north of his plot of land is a field which is owned by the respondent. on the southern edge of that field is a hedge, and to the south of the hedge there is a ditch. there was evidence that periodically this ditch had been cleaned out by the respondent's servants or helpers. upon this, and upon the presumption that the area of a ditch alongside a hedge belongs to the owner of the hedge, there was ground for inferring that the area of the ditch was the property of the respondents, though no other evidence of their title was given. the trial judge dealt with the case on the basis that the area of the ditch was owned by the respondents. the court of appeal took the same view, and in the absence of evidence to the contrary, i think it is clear that we must come to the same conclusion.to the west of the respondents' plot of land was another plot on which stands a block of flats called holcomb court. before 1934 the ditch, as an open .....

Wilsons and Clyde Coal Company, Limited Vs. English

Court : House of Lords

..... of the employer is stated as being an obligation to use his best endeavours to supply and instal good machinery, it may well be said on his behalf that he left the matter to a highly skilled man, and it may be asked with force, what more could he do? ..... the law now in force applicable to this appeal depends on authority. ..... reid, supra cit, the workman had been killed through the overturning of the cage, the engineman having failed to stop the ascending cage at the platform and having allowed it to be sent with great force up against the scaffolding. ..... there was no suggestion that the system of ventilation was defective, but the temporary platform interrupted the free circulation of air. .....

OWNERS OF DREDGER LiESBOSCH ' VERSUS OWNERS OF S.S. EDiSON

Court : House of Lords

..... if this were the true construction to put upon ' the passage cited i think there would be force in the observation, ' for in my opinion the wrongdoer must take his victim talem qualem, 'and if the position of the latter is aggravated because he is with' out the means of mitigating it so much the worse for the wrongdoer ' ..... thus the loss of a ship by collision due to the other vessel's sole fault, may force the ship-owner into bankruptcy and that again may involve his family in suffering, loss of education or opportunities in life, but no such loss could be recovered from the wrongdoer. .....

Dumbreck Vs. Addie and Sons (Collieries)

Court : House of Lords

..... his lordship founds upon the failure sufficiently to fence the field, saying with much force: the point is not that the fence should be impenetrable or unclimbable, but that it should present an obstacle to an invader, adult or infantile, which the invader must consciously overcome; while with regard to the moving machinery and .....

Glasbrook Brothers, Limited Vs. County Council of Glamorgan and Others

Court : House of Lords

..... , from the chief constable of the county of glamorgan to the under secretary of state at the home office, the following statements were made : "a colliery company, having signed agreements to " employ some constables of his force on their private " premises so as to induce the workmen out on strike to come back to work, have now refused to pay the county " for the services of the constables on the ground that it " ..... of course no such lending could possibly take place if the constables were required elsewhere for the preservation of order; but (as lord justice bankes pointed out) an effective police force requires a margin of reserve strength in order to deal with emergencies, and to employ that margin of reserve, when not otherwise required, on special police service for payment is to the ..... in order to preserve the mines from floodinghad been allowed to continue at work; but when the miners decided to remain out on strike they insisted (doubtless as a means of forcing the appellants to accept their terms) that the safety men should cease work and put severe pressure upon those men to comply with their wishes. ..... desire that services of a special kind which though not within the obligations of a police authority can most effectively be rendered by them, should be performed by members of the police force, the police authorities may (to use an expression which is found in the police pensions act, 1890) " lend " the services of constables for that purpose in consideration of payment. .....

Attorney-General Vs. De Keyser's Royal Hotel, Limited

Court : House of Lords

..... for securing the public safety and the defence of the realm, and as to the powers and duties for that purpose of the admiralty and army council and the members of his majesty's forces and other persons acting on his behalf, and may by such regulations authorize the trial by court-martial, or, in cases of minor offences, by courts of summary jurisdiction, and punishment of ..... a statute, expressing the will and intention of the king and of the three estates of the realm, is passed, it abridges the royal prerogative while it is in force to this extent: that the crown can only do the particular thing under and in accordance with the statutory provisions, and that its prerogative power to do that thing is ..... by the exigencies of the measures required to be taken for securing the public safety and the defence of the realm; and provide that the admiralty, army council and air council and members of the naval and military forces, and the other persons executing the regulations shall, in carrying them into effect, observe these general principles. ..... law of nations that a court of prize should release to the crown, against deposit of the value in court, the property of a neutral held in its custody pending adjudication, whenever the crown duly declared that it was necessary for the defence of the realm to requisition it. ..... question of the authority of royal prerogative in international law and of the right to requisition vessels or goods in the custody of the prize court of a belligerent power. .....

The King (at the Prosecution of Arthur Zadig) Vs. Halliday

Court : House of Lords

..... contravening any of the provisions of such regulations designed - "( a ) to prevent persons communicating with the enemy or obtaining information for that purpose or any purpose calculated to jeopardise the success of the operations of any of his majesty's forces or to assist the enemy; or "( b ) to secure the safety of any means of communication, or of railways, docks or harbours; " in like manner as if such persons were subject to military law and had on ..... added the following words, 'or of any area which may be proclaimed by the admiralty or army council to be an area which it is necessary to safeguard in the interests of the training or concentration of any of his majesty's forces'; "( c ) at the end of section one there were inserted the following words, 'and may by such regulations also provide for the suspension of any restrictions on the acquisition or user of land, or the exercise of the ..... the public safety and the defence of the realm, and as to the powers and duties for that purpose of the admiralty and army council and of the members of his majesty's forces and other persons acting in his behalf; and may by such regulations authorise the trial by courts-martial, or in the case of minor offences by courts of summary jurisdiction, and punishment ..... have tested and determined in a court of law, by means of a writ of habeas corpus, addressed to the person in whose custody he may be, the legality of the order or warrant by virtue of which he is given into or kept in that custody. .....

G. and C. Kreglinger Vs. New Patagonia Meat and Cold Storage Company, ...

Court : House of Lords

..... in questions of this kind the binding force of previous decisions, unless the facts are indistinguishable, depends on whether they establish a principle. ..... laws were in force, and when every device for evading them had to be defeated by equity, the proposition that everything that was part of the mortgage transaction must cease with it, if it was not to infringe the doctrine that once a .....

Mogul Steamship Co Ltd Vs. Mcgregor, Gow and Co

Court : House Of Lords

Reported in : (1892)AC25; (1889)23QBD598; (1888)LR21QBD544

..... [2] my lords, the plaintiffs in this case do not complain of any trespass, violence, force, fraud, or breach of contract, nor of any direct tort or violation of any right of the plaintiffs, like the case of firing to frighten birds from a decoy; nor of any act, the ultimate object of which was to injure the .....