Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principle: If a person brings anything dangerous on his land which may prove harmful if escapes, then that person must keep it at his peril. If a man fails to do so then he must be made responsible to all-natural consequences of its escape.
Factual situation: A grows poisonous trees on his own land and lets the projection of the branches of his trees on the B’s land. B’s cattle die because of nibbling the poisonous leaves. DECISION:
A is not liable to B because B must have taken due care to control his cattle
A is not liable to B because trees are still on A’s land and there is no escape of dangerous thing
A is liable to B because projection of branches with poisonous leaves amounts to escape
A is not liable to B because he is not acting negligently
A is liable to B because the projection of branches with poisonous leaves amounts to escape
"A is not liable to B because he is not acting negligently" is correct answer. From the factual position, it is clear that the projection of branches with poisonous leaves amounts escape.