Ellis v Loftus Iron Company
| Jurisdiction | England & Wales |
| Year | 1865 |
| Date | 1865 |
| Court | Divisional Court |
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16 cases
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Wormald v Cole
...it was well established in the Fourteenth Century. 7 The action lies apart altogether from negligence, and as Mr Justice Brett put it in Ellis v. Loftus, which is reported in Law Reports lo Common Pleas at page 10, the mere act of an animal belonging to man may be a trespass inasmuch as the......
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Bocardo SA v Star Energy UK Onshore Ltd
...animals or wires, is imprecise and it is mainly serviceable as dispensing with analysis: cf Pickering v Rudd [1815] 4 Camp 219 and Ellis v Loftus Iron Co (1874) LR 10 CP 10. In none of these cases is there an authoritative pronouncement that 'land' means the whole of the space from the cen......
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Read v J. Lyons & Company Ltd
...a case of pure trespass to property, and thus constitutes a wrong without any question of negligence. See per Lord Coleridge C.J. in Ellis v. Loftus Iron Co. (1874) L.R.10 C.P.10 at p. 12. The circumstances in Fletcher v. Rylands did not constitute a case of trespass because the damage was ......
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Fitzgerald v E. D. and A. D. Cooke Bourns (Farms) Ltd
...or to other animals upon it; see ( Lee v. Riley 1865 volume 18 Common Bench (New Series) page 722); ( Ellis v. Loftus Law Reports (1874) volume 1 Common Pleas, page 10). The duty arises because, in the modern idiom, the damage is foreseeable, and the owner of the trespassing cattle is exe......
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1 firm's commentaries
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Q&A: The Extent Of A Right Of Way To Use Vehicles
...over the land in possession of another. The act must be carried out without a licence or consent. References: Ellis v Loftus Iron Co [1874] LR 10 CP 10 Trespass extends to any unjustifiable intrusion by one person upon land in the possession of another. Indeed, it has been said that 'if the......
6 books & journal articles
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Table of Cases
...Ch 131, [1955] 3 WLR 892, [1955] 3 All ER 667, CA 3, 6 Elliott v Safeway Stores Plc [1995] 1 WLR 1396, ChD 285 Ellis v Loftus Iron Co (1874) LR 10 CP 10 190 Ellis v Worcestershire County Council (1961) 12 P & CR 178, LT 416 Elliston v Reacher [1908] 2 Ch 374, affirmed on appeal [1908] 2......
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Public Rights of Way
...a necessary condition. See Saper v Hungate Builders [1972] RTR 380. 246 HA 1980, s 140(2) and (3). 247 See e.g. Ellis v Loftus Iron Co (1874) LR 10 CP 10 at 12 per Lord Coleridge CJ – such an intrusion would ordinarily give rise to injunctive relief. The cause of action will cover not only ......
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Table of Cases
...143, 162, 287, 288 Eley v Secretary of State for Communities and Local Government [2009] EWHC 660 (Admin) 278 Ellis v Loftus Iron Co (1874) LR 10 CP 10, 44 LJCP 24, 31 LT 483 569 Ellis v Worcestershire County Council (1961) 12 P & CR 178, Lands Tribunal 127 Emin v Secretary of State for......
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Interferences with Public Highways
...be a necessary condition. See Saper v Hungate Builders [1972] RTR 380. 40 HA 1980, s 140(2) and (3). 41 See e.g. Ellis v Loftus Iron Co (1874) LR 10 CP 10 at 12, per Lord Coleridge CJ – such an intrusion would ordinarily give rise to injunctive relief. The cause of action will cover not onl......
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