Cases on Torts: With Abstracts of Lectures Upon Several TortsHepbron and Haydon, 1915 - 555 Seiten |
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Seite 28
... objurgation . Thus , in 1598 , where the plaintiff alleged language imputing harlotry , the court refused to entertain the action , for " to main- tain actions for such brabling words is against law " 28 SELECTION OF TORTS .
... objurgation . Thus , in 1598 , where the plaintiff alleged language imputing harlotry , the court refused to entertain the action , for " to main- tain actions for such brabling words is against law " 28 SELECTION OF TORTS .
Seite 31
... refused to give ; whereupon the company an- nounced that the Main street station would not be occupied until the street should be closed , and continued to use the other station . It resulted that Rich's Main street property was ren ...
... refused to give ; whereupon the company an- nounced that the Main street station would not be occupied until the street should be closed , and continued to use the other station . It resulted that Rich's Main street property was ren ...
Seite 34
... refused to pass the necessary ordinance . At this point , accord- ing to the allegations of the complaint , if at all or ever , arose the tort . It is alleged that the defendant , in order to reach a lawful result , planned a fraudulent ...
... refused to pass the necessary ordinance . At this point , accord- ing to the allegations of the complaint , if at all or ever , arose the tort . It is alleged that the defendant , in order to reach a lawful result , planned a fraudulent ...
Seite 40
... refused so to do , and so negligently and care- lessly behaved in the premises that , by and through the mere careless- ness and negligence of the said defendant , the said last - mentioned ten tuns of linsed oil , after the arrival ...
... refused so to do , and so negligently and care- lessly behaved in the premises that , by and through the mere careless- ness and negligence of the said defendant , the said last - mentioned ten tuns of linsed oil , after the arrival ...
Seite 41
... refused so to do and had wrong- fully ejected him from its train . On the question whether this count was in assumpsit or case , it was said by MCDONALD , Circuit Judge : As I understand it , the subjects proper for action on the case ...
... refused so to do and had wrong- fully ejected him from its train . On the question whether this count was in assumpsit or case , it was said by MCDONALD , Circuit Judge : As I understand it , the subjects proper for action on the case ...
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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 defamatory defendant defendant's deliver duty entitled evidence fact false imprisonment felony guilty held horse imputation indictment 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 privilege probable cause proceedings proof proved proximate cause punishment 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.