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5.
The English and American authorities seem to
sustain plaintiffs in all of their contentions.
In Bonomi vs. Backhouse, 16 English Ruling Case
Law, 228, it is held-
"Where an act not in itself wrongful is done by
A, the consequences of which, after an interval of
time, cause injury to B, the cause of action accrues
at, and the statute of limitations runs from, the time
when the actual damage becomes manifest.
"If by the act of A an injury is occasioned to
the foundation of the house of B, of which B at the
time had no knowledge, but which afterwards exhibits
itself by creating actual mischief to B's house, B
is not prevented by the statute of limitations from
maintaining an action for damages, though more than
six years have elapsed since the doing of the act
which was in reality (though unknown at the time), the
origin of the mischief; for the cause of action really
accrued when the damage first exhibited itself.
*
*
"We should be unwilling to rest our judgment
upon mere grounds of policy; but we cannot but ob-
serve, that a rule of law, or rather the construction
of a statute of limitations, which would deprive a
man of redress, after expiration of six years, when
the act causing the damage was unknown to him-when,
in very many instances, he would be in invincible ig-
norance of it - would be harsh, and contrary to ordin-
ary principles of law. "
In Gibbs VS. Guild, 16 English Ruling Case
Law, 233, it is held that where the earlier wrongful act
was a fraud, the statute of limitations runs only from the
time of the discovery of the wrong, or the time when, with
reasonable diligence, it should have been discovered.
In 39 Corpus Juris, 340, it is stated -
"The use of a dangerous material implies a duty
on the master to use care commensurate with the risk
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"ocrText": "5.\nThe English and American authorities seem to\nsustain plaintiffs in all of their contentions.\nIn Bonomi vs. Backhouse, 16 English Ruling Case\nLaw, 228, it is held-\n\"Where an act not in itself wrongful is done by\nA, the consequences of which, after an interval of\ntime, cause injury to B, the cause of action accrues\nat, and the statute of limitations runs from, the time\nwhen the actual damage becomes manifest.\n\"If by the act of A an injury is occasioned to\nthe foundation of the house of B, of which B at the\ntime had no knowledge, but which afterwards exhibits\nitself by creating actual mischief to B's house, B\nis not prevented by the statute of limitations from\nmaintaining an action for damages, though more than\nsix years have elapsed since the doing of the act\nwhich was in reality (though unknown at the time), the\norigin of the mischief; for the cause of action really\naccrued when the damage first exhibited itself.\n*\n*\n\"We should be unwilling to rest our judgment\nupon mere grounds of policy; but we cannot but ob-\nserve, that a rule of law, or rather the construction\nof a statute of limitations, which would deprive a\nman of redress, after expiration of six years, when\nthe act causing the damage was unknown to him-when,\nin very many instances, he would be in invincible ig-\nnorance of it - would be harsh, and contrary to ordin-\nary principles of law. \"\nIn Gibbs VS. Guild, 16 English Ruling Case\nLaw, 233, it is held that where the earlier wrongful act\nwas a fraud, the statute of limitations runs only from the\ntime of the discovery of the wrong, or the time when, with\nreasonable diligence, it should have been discovered.\nIn 39 Corpus Juris, 340, it is stated -\n\"The use of a dangerous material implies a duty\non the master to use care commensurate with the risk"
}