The Calcutta Law Journal Short Notes of Cases Articles & Other Matters August 16 1913

The Calcutta Law Journal was started in the year 1905 with the Permission of the Calcutta High Court under the auspices of a strong and representative Editorial committee and with a staff of Reporters from all the different branches of the Profession. [...] The only negligence on the part of the defendant was found to be the omission to provide against accident by placing a lead safe under the lavatory for the escape of overflow water but it was not put to the jury—and there was no finding on the question— whether the defendant ought reasonably to have anticipated the likelihood of the particular mischievous act which caused the damage so that it b [...] The main argument on behalf of the plaintiff consisted in an attempt to bring the case within the principle of the well-known decision of the House of Lords in Fletcher v. Rylands (1). [...] Mellish L. J. delivering the judgment of the Court of Exchequer Chamber in Nichols v. Marsland (I) observed:— "A defendant cannot in our opinion be properly said to have caused or allowed the water to escape if the act of God or the Queen's enemies was the real cause of its escaping without any fault on the part of the defendant." To the same effect were the observations of Kelly C. B. in a [...] The arrangement of the notes is logical and the work will prove useful to the student as well as to the practtioner.