Lord Ellenborough
historical figure · 2 works · 3 mentions · 3 anchored passages
in the texts
The Law of Torts
English judge whose dictum on trespass by passage through the air above land is discussed and ultimately doubted.
Lord Ellenborough thought it was not in itself a trespass “to interfere with the column of air superincumbent on the close,” and that the remedy would be by action on the case for any actual damage:
Certainly Lord Ellenborough laid it down as a general rule of law that a man is answerable only for “legal and natural consequence,” not for “an illegal consequence,” that is, a wrongful act of a third person.
Magna Carta: A Commentary on the Great Charter of King John
Judge presiding at King's Bench who acknowledged Thornton's legal right to wager of battle in 1818.
Lord Ellenborough had to admit his legal right to defend himself against the appeal “by his body,” and Thornton successfully foiled the attempt to force him to a second trial, as Ashford, a mere stripling, declined the unequal contest with an antagonist of athletic build.