Cases on Torts: With Abstracts of Lectures Upon Several TortsHepbron and Haydon, 1915 - 555 Seiten |
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Seite 14
... appear upon reflection that the right asserted is not one which can , reasonably , practicably , and con- sistently with general principle , be enforced by the courts . In some instances , however , it is not so clear or well settled ...
... appear upon reflection that the right asserted is not one which can , reasonably , practicably , and con- sistently with general principle , be enforced by the courts . In some instances , however , it is not so clear or well settled ...
Seite 16
... appear to be justly and appropriately actionable , but is sometimes determined by arti- ficial reasons and apparently arbitrary distinctions . Perhaps it will appear presently that these inconsistencies are due to the necessity of ...
... appear to be justly and appropriately actionable , but is sometimes determined by arti- ficial reasons and apparently arbitrary distinctions . Perhaps it will appear presently that these inconsistencies are due to the necessity of ...
Seite 42
... appear from the record . The declaration , which is set out in Latin at 2 Ld . Raym . 938 , and translated at 3 Ld . Raym . 300 , avers that " two burgesses of that borough were elected for the parliament aforesaid ( he , the said ...
... appear from the record . The declaration , which is set out in Latin at 2 Ld . Raym . 938 , and translated at 3 Ld . Raym . 300 , avers that " two burgesses of that borough were elected for the parliament aforesaid ( he , the said ...
Seite 50
... appear to the jury in that striking light in which the great point of law touching the liberty of the subject appeared to them at the trial . They saw a magistrate over all the King's subjects exercising arbitrary power , violating ...
... appear to the jury in that striking light in which the great point of law touching the liberty of the subject appeared to them at the trial . They saw a magistrate over all the King's subjects exercising arbitrary power , violating ...
Seite 52
... appears to have been constituted for religious or spiritual pur- poses , amounts at most to no more than the loss of the merely nominal distinction of being able to call herself a member of it . It does not appear that any real or ...
... appears to have been constituted for religious or spiritual pur- poses , amounts at most to no more than the loss of the merely nominal distinction of being able to call herself a member of it . It does not appear that any real or ...
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Häufige Begriffe und Wortgruppen
action for malicious action of trespass actual damage alleged amount appear arrest assault assumpsit authority breach of contract brought this action carrier cause of action character charge circumstances claim committed common carrier common law conduct consequence constable constitute conversion court crime criminal damnum absque injuria declaration defendant defendant's deliver duty entitled evidence fact false imprisonment felony guilty held horse imputation infra injury intention judge judgment jurisdiction jury justice justified King's Bench land liable libel LORD LORD ELLENBOROUGH magistrate maintain malicious prosecution matter ment moral negligence obligation offence officer opinion owner party peace person plaintiff plea possession present principle probable cause proceedings proof proved proximate cause punishment purpose question Railroad recover refused result rule servant sheriff slander special damage sued sufficient suit sustained tiff tion tort trespass trial trover unlawful verdict violation want of probable warrant words writ wrongful act
Beliebte Passagen
Seite 496 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Seite 411 - ... a man who orders a work to be executed, from which, in the natural course of things, injurious consequences to his neighbor must be expected to arise, unless means are adopted by which such consequences may be prevented, is bound to see to the doing of that which is necessary to prevent the mischief, and cannot relieve himself of his responsibility by employing...
Seite 512 - We therefore think that, as there is fraud, and damage the result oi that fraud, not from an act remote and consequential, but one contemplated by the defendant at the time as one of its results, the party guilty of the fraud is responsible to the party injured.
Seite 59 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore, it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Seite 397 - It is a well-established principle of the common law that, in actions of trespass and all actions on the case for torts, a jury may inflict what are called exemplary, punitive or vindictive damages upon a defendant, having in view the enormity of his offence rather than the measure of compensation to the plaintiff.
Seite 432 - Besides, it appears to us, that the argument rests upon an assumed principle of responsibility which does not exist. The master, in the case supposed, is not exempt from liability because the servant has better means of providing for his safety when he is employed in immediate connection with those from whose negligence he might suffer ; but because the implied contract of the master does not extend to indemnify the servant against the negligence of...
Seite 363 - Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. Although I have treated the second and third as distinct cases, I think the third is but an instance of the second, for one who makes a statement under such circumstances can have no real belief in the truth of what he states.
Seite 415 - The servant is not bound to risk his safety in the service of his master, and may, if he thinks fit, decline any service in which he reasonably apprehends injury to himself...
Seite 501 - It appears to us that the proper question for the jury in this case, and, indeed, in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune, by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Seite 247 - It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.