and not merely on account of a risk or peril, which causes fright and mental suffering. But where an actual injury to the person is sustained, however small, which causes or is necessarily attended with mental suffering, that suffering is a part of the injury for which the town is liable in damages(r). In Wisconsin, under a statute similar to the Massachusetts statute, it was decided in an action for injuries to the plaintiff's person, caused by a defective highway, that the plaintiff might recover the value of his time and services about his business, necessarily lost by reason of such injuries; and that he might, therefore, show the nature and value of his business, and the extent to which it was necessarily interrupted by his injuries(s). In Kansas, it is held, that the measure of recovery is for the loss of time, for expenses, and for physical pain which had resulted from the injury up to the time of the commencement of the action, and if the plaintiff is still disabled from such injury, such further damages as appears from the evidence to be the natural and probable result of such injuries(t). But it is only compensatory, not punitive damages that may be recovered(tt). Corporators are not personally liable for the debts of the corporation at common law(u); but by usage and practice, quasi corporations in the states of New England form an exception to this rule, and private property may there be taken to satisfy a corporate judgment(v). 1544 Remedy by indictment.-Municipal corporations, both in England and the United States, are held liable to indictment for misfeasance, as well as non-feasance, in respect to such duties as they owe to the public(w). Thus, in Kentucky a municipal corporation is indictable, as at common law, for suffering its streets to become and remain out of repair(x). So, a town in Vermont is liable to an indictment, as at common law, for not erecting a bridge pursuant to an order from a competent tribunal(y). In Pennsylvania an indictment lies at common law against public officers for neglect of public duties, and this prin (r) Canning v. Williamstown, 1 Cush. 451. And see Harwood v. Lowell, 4 id. 310; Real v. Belfast, 20 Me. 246; Chidsey v. Canton, 17 Conn. 475. (8) City of Ripon v. Bittel, 30 Wis. 614. (t) City of Atchison v. King, 9 Kansas, 550. Wiesenberg v. Appleton, 26 Wis. 56. (tt) Chicago v. Langlass, 52 Ill. 256. (u) Horner v. Coffey, 3 Cush. 434. (v) Beardsley v. Smith, 16 Conn. 368. Gaskill v. Dudley, 6 Met. 551. See North Lebanon ♥. Arnold, 47 Pa. St. 488. (w) State v. Hudson County, 1 Vroom (N. J.), 137. (x) Com. v. Hopkinsville, 7 B. Mon. 38. And see Chattanooga v. State, 5 Sneed (Tenn.), 578; State v. Mayor, 11 Humph. 217. (y) State v. Whittingham, 7 Vt. 390. As to towns in Maine, see Davis v. Bangor, 42 Me. 522; State v. Gorham, 37 id. 451. ciple has been extended to a contractor for the repair of roads(2). And in North Carolina, it is declared, that "a public officer intrusted with definite powers to be exercised for the benefit of the community, who wickedly abuses or fraudulently exceeds them, is punishable by indictment "(a). And for the maintenance of a public nuisance upon its property, a municipal corporation may be indicted the same as an individual, and subjected to punishment(b). But it has been held that a town in Vermont is not indictable for not removing a nuisance not created by it or its agents(c). And the liability of a municipal corporation to indictment for keeping and maintaining a "calaboose," so situated or managed as to become a nuisance, has been questioned(d). The remedy by indictment is, however, more properly a matter for discussion in works treating of criminal law, and has been introduced here rather by way of suggestion, than with any intention of treating the subject at large. (z) Phillips v. Com., 44 Pa. St. 197. (a) State v. Glasgow, N. C. Can. R. 186. State v. Justices, etc., 4 Hawks, 194. And sce Paris v. People, 27 Ill. 74; State v. Burlington, 36 Vt. 521. (b) Administrator v. Insurance Co., 1 Dis. (Ohio) 336. Harper v. Milwaukee, 30 Wis. 365. (c) State v. Burlington, 36 Vt. 521. (d) Paris v. People, 27 Ill. 74. removal of ruinous buildings in London, 236, 239 where limited right is exceeded, 236 by pulling down house, 331 removal of obstrucions in highways, 237 removal of obstructions in water-courses, 238 removal of obstructions to navigation, 288 no defence to an injury suffered, 243 pleas in. See PLEAS. ABDUCTION, of children a misdemeanor, 1099 ABRIDGMENT. See COPYRIGHT. ABSENCE, effect of, under statutes of limitations, 340, 341n ABUSE, of corporate rights, 261, 264, 265 of legal process, 769 of statutory right. See STATUTE. of license, 323n of authority by governors of colonies, 38 by naval and military officers, 39 ACCEPTANCE, of land dedicated as a highway, 265 ACCESSION, title by, 410, 411 ACCIDENT. See ASSAULT. injuries caused by, when actionable, 3 whether a person is liable for the effects of, 202 non-liability for, unless caused by negligence, 465-468 ACCORD AND SATISFACTION. See PLEA-INJUNCTION. ACCOUNTANT, negligence of, 1115 ACTION. See STATUTE OF LIMITATIONS. cannot be brought more than once for the same wrong, 1156, 1158-1162 several, in respect of same cause, cannot be brought in court of co-ordinate secus-if one action is inferior or foreign, the other in a superior court or where one action is in personam, and the other in rem, 1156, 1162 when may sue for injuries to intestate's personal property, 1112 prohibition to, 1238 ADMISSIONS. See MALICIOUS PROSECUTION. of liability by a party to a cause, 1182 of defendant in action for conversion, 455 of under-sheriff or bailiffs, when evidence against the sheriff, 816 of occupancy in actions for nuisances, 252, 253 of knowledge of ferocity of animal kept, 254 to prove malice, 746 are evidence, although they relate to a deed, lease, etc., not produced, 686 of milk, 263n of bread, liquors and food, 263n ADULTERY. See HUSBAnd-Wife. damages recoverable for, 1084-1087 application of, by order of Court of Divorce, 1086-1087 formerly an indictable offense, 1066 a ground for divorce, 1066 condonation of, or connivance at, 1067, 1070 damages recoverable in cases of, 1084-1087 ADVOCATE, statements of, in conduct of case, are privileged, 996, 997 AGENT. See BROKER-AUTHORITY-PRINCIPAL-BAILIFF. receipt of rent by, on behalf of person wrongfully claiming land, 334 occupation of house by, rent free, for twenty years does not confer title, 335, lien of, 543, 544 conversion of note by, 404 warranties by, 1037 liability of, for misrepresentations as to authority, 18, 1025, 1026 liability of principal for fraud of, 1027, 1036 liability of corporation for act of, 1027 liability of principal to, 1028 |