The Calcutta Law Journal Short Notes of Cases Articles and other Matters August 16 1909

In France and in the law of Quebec the language of the Code is so explicit that it appears impossible to admit to the Court the power of controlling the father’s discretion by giving a consent in his place. [...] The owner of one of them put a hydraulic pump into his spring the effect of which was to draw away the greater part of the water from his neighbour’s spring and to allow this water to run away into the26n THE CALLU1TA LAW JOURNAL. [...] The Court ordered the chimney to be removed on the following grounds considering that if on principle the right of property is a right in a certain sense absolute entitling the owner to use or abuse the thing nevertheless the exercise of this right as of every other ought to have as a limit the satisfaction of a serious and legitimate interest and the principles of morality and of equity are [...] But in the case of the wild animals which are free to roam over the country the liability of the owner of the land on which they breed depends upon fault. [...] Beven distinguishes Boulston’s cast from the case of Farrer on the ground that in the latter the game was brought to the land whereas in the former the rabbits were naturally there and were merely harboured.