Ashby v White et Al
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 18
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Pas. 13. Will. 3 B. R.
9. pantam versus isham. [Pas. 13 Will. 3, B. E.] 3 Lev. 359, S. C. by the name of Panton against Isliam. Case for negligently keeping his fire, per quod, &c. It lies not against lessee at will by lessor seized in fee; otherwise by lessor, termor for years, or a stranger. Ante, 13, Tubervil versus Stamp. 5 Co. 13 b. 1 Roll. Abr. 1, 2, 454, 458. 2 Rol. 566, 10. 5 Co. 13 b. Cro. El. 777, 784, 10. 1 D. 11, p. 1, S. C. Case; The jury found that the plaintiff being seized in fee of six stables, let one to the defendant at will, and the rest to other persons for a term of years yet enduring ; that the defendant kept his fire so negligently, that it burned the plaintiffs stable, and also the defendant's, and the other five stables. It was agreed, that if one seized of an house in fee, make a lease at will, and lessee negligently burns the house, no action lies ; for he had it in his power to secure himself by covenant: ssecus, if lessee for years make a lease at will, not but that he might secure himself by covenant, but because he is answerable over to his lessor, in that respect he shall have an action on the case. Also the Court held, no action lay against the defendant for the stable he took, if the fire had ceased there; but if it goes on, and burns his next neighbour's, he shall have an action for his loss, because he is a stranger, and had it not in 1SALKELD, 20. ACTION SUE LE CASE 19 his power to make him covenant to be careful; and by consequence so may the tenants of the other houses. Lastly, that the lessor might bring actions against the other lessees, and so might they against lessee at will; and as the lessor might sue the other tenants, and they sue tenant at will, the lessor should have his election. Vide 3 Lev. 358.
English Reports Citation: 91 E.R. 19
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Mich. 2 Ann B. R. 2 Ld. Raym. 938, S. C.
See S. C. 2 Ld. Raym. 938 (with note).
10. ashby versus white & al. [Mich. 2 Ann. B. E. 2 Ld. Eaym. 938, S. C.] [See S. C. 2 Ld. Eaym. 938 (with note).] Mod. Cases 45, S. C. Case by a burgess against constables of a borough for refusing to receive his vote in election of members to Parliament. Held that it lies not, by three Judges, against Holt C.J. 3 Salk. 17. Holt 524. 8 S. C. 89. Action upon the case against...
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