PART I. CAP. I. SEC. I. Where may hem is excusable. Disproportionate injury in return. Forcible ejection, or assault neighbour or friend. But if a blow is struck after all danger is past, it is not justifiable. (Ad. Torts, 4th ed. 569, 572, 602, 606; Broom Com. 665; 3 Ste. Com. 461; Rosc. 594 ; Selw. 32.) 10. When a person has been assaulted in such a way as to put him in fear of grievous bodily harm, mayhem inflicted in self-defence is excusable. 11. But a person may not inflict an injury in self-defence wholly disproportionate to the injury he has received or has reason to apprehend. (Ad. Torts, 4th ed. 606; Rosc. 594-5.) 12. A churchwarden or beadle or constable and battery may, if necessary, lay hands upon a person, in defence of to turn him out of church, or any duly cer property. tified place of religious worship, or burial ground, for improper behaviour. (Broom Com. 665-6; 3 Ste. Com. 461; Ad. Torts, 3rd ed. 559; 23 & 24 Vict. c. 32, ss. 2, 3.) 13. An assault and battery may also be justified on the ground of its being in defence of the possession of a house or close, or of chattels. If a person forcibly enters into a house, he may be forcibly ejected. If he enters quietly, he must be requested to retire before he can be lawfully turned out, and then, if he refuses to retire, the owner may compel him. But in neither case may an unnecessary degree of force be resorted to. (Ad. Torts, 3rd ed. 578; Selw. 32-3; Broom Com. 665; 3 Ste. Com. 461; Rosc. 597; Locke, 47, 48.) 14. PART I. CAP. I. chastise child, apprentice, or An assault and battery is also justifiable Moderate when it amounts to moderate and needful ment of chastisement of a child, or an apprentice, or mariner. a scholar, or a mariner on board a merchant vessel. (Ad. Torts, 4th ed. 602.) 15. entry. A forcible entry is not lawful, even where Forcible the law gives a right of entry. (Ad. Torts, 398; Cole Eject. 69, 70, 686-690; Woodf. 858, 860.) 16. down an In the case of an affray, any person is Putting justified in interfering and using such a affray. degree of force as may be necessary for the purpose of separating the combatants and putting an end to it. (Ad. Torts, 398–9; 1 Burn, 56.) 17. redress for Cases of assault may be tried before two Mode of justices; and if they give a certificate of assault. dismissal to the party accused, or if he shall have been convicted, and paid the fine, or suffered the imprisonment, he shall be released from all further proceedings, civil or criminal, for the same cause. (24 & 25 Vict. c. 100; Ad. Torts, 4th ed. 600.) 18. PART I. SECTION II. Of Consequential Injuries to Corporal Security. Consequential, as distinguished from direct SEC. II. injuries, frequently arise from nuisances or from negligence. 19. Injuries from nui sances or negligence. A nuisance is something done which has Definition of the effect of prejudicially and unwarrantably affecting the enjoyment of the rights of another person. 20. a nuisance. Where redress not granted for a thing as a nuisance. Redress cannot be obtained for a thing as a nuisance, where it merely involves a reasonable use of the rights of the person charged with creating it, and it merely abridges the pleasure of the person suffering from it: it must, at the least, unwarrantably render the enjoyment of life or property uncomfortable. And hence the carrying on an offensive trade may be actionable if carried on in one locality, but not so if carried on in another. (See Ad. Torts, 74; Rosc. 514,515; Selw. 1129-1131; Bamford v. Turnley, 3 Best & Sm. 62; Cavey v. Ledbitter, 13 C. B. (N. S.) 470; Tipping v. St. Helen's Smelting Co., 4 Best & Sm. 608, 616; 11 H. L. Cas. 642; Crump v. Lambert, L. R. 3 Eq. 409. And see infra, par. 270-5.) 21. Some nuisances affect the enjoyment of PART I. CAP. I. SEC. II. rights concerning the person: others affect the enjoyment of proprietary rights. of the former are noticed in this section: nuisances. Some Different some of the latter in a subsequent page. 22. Nuisances are either public or private. Public or common nuisances are those things which prejudicially affect the public, i.e., all persons who come within the sphere of their operation, though they may affect some persons more than others. Private nuisances are things prejudicial to the enjoyment of private rights. (Broom Com. 693; 3 Ste. Com. 490.) 23. sorts of on the part or of occupier of property fixed or movable. There is an obligation on the part of Obligation the occupier of property, whether fixed movable, to those who (at his invitation, expressed or implied) come on that property, to take, by himself and servants, reasonable care that the person so coming shall not be exposed to unusual danger. (Smith v. Steele, L. R. 10 Q. B. 125, 127.) 24. wells or If a person lawfully traversing land falls Unguarded into an unguarded well or mining shaft, shafts. without negligence or misconduct on his part, the occupier of the land is responsible in damages. But if the person injured were trespassing, and the well or shaft were more than twenty-five yards from a public carriage PART I. way, the occupier would not be liable. (Ad. SEC. II. Torts, 80, 95; 5 & 6 Will. IV. c. 50, s. 70.) Dangerous paths. Dangerous vaults, 25. If a landowner suffers a path to his house to be used, he is responsible for any act of his whereby injury arises to other persons who have any reasonable occasion for coming to the house, without giving them timely notice, or revoking the licence to use it. (Ad. Torts, 3rd ed. 164.) 26. If a householder or occupier of premises areas, holes, leaves a cellar, vault, area, hole, or sewer or sewers. unguarded, or insufficiently covered over, and so close to a highway as to be dangerous to passengers in the dark or in foggy weather, he is responsible for any injury occasioned thereby. (Ad. Torts, 82, 96; Rosc. 528-9; Hadley v. Taylor, L. R. 1 C. P. 53; Holmes v. North Eastern Ry. Co., L. R. 4 Ex. 254; 6 Ex. (Ex. Ch.) 123. In connection with this point, see Robbins v. Jones, 15 C. B. (N. S.) 221.) 27. If the landlord is bound to do the repairs, he is the party to be sued; but if the tenant has covenanted to repair, he is the person liable. (Pretty v. Bickmore, L. R. 8 C. P. 401.) 28 Where there is a hole or shoot on premises which is unreasonably dangerous to persons |