A Treatise on the Law of Trespass in the Twofold Aspect of the Wrong and the Remedy, Volume 1Baker, Voorhis & Company, 1875 - 1412 pages |
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Common terms and phrases
action of trespass agent alleged allowed appeared arrest assault and battery attempt authority Barb brought Brown cars cause charge circumstances claim Clark command committed conductor Conn consequences corporation costs court damages Davis defendant defendant's direct discharge duty entered entitled evidence execution fact force give given ground guilty Hamp hand held Hill horse husband imprisonment injury instruction intent issue Johns Johnson joint Jones judge judgment jurisdiction jury justice justify land liable maintained manner master nature necessary object officer owner party pass peace person plaintiff plea pleaded possession present principle proof proper proved question reasonable recover refused remedy remove rendered resistance responsible result rule separate servant Smith statute suit supra taken ticket tion tort train trial unlawful unless verdict violence warrant wife Wilson writ wrong York
Popular passages
Page 644 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Page 528 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators...
Page 21 - That an act done for another, by a person not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well-established rule of law.
Page 351 - Bees also are ferae naturae; but, when hived and reclaimed, a man may have a qualified property in them by the law of nature, as well as by the civil law.
Page 106 - The application to a judge, in the course of a cause, to direct a verdict for one or more of several defendants in trespass is strictly to his discretion ; and that discretion is to be regulated, not merely by the fact that at the close of the plaintiff's case no evidence appears to affect them, but by the probabilities whether any such will arise before the whole evidence in the cause closes.
Page 475 - ... of his father, the owner, was one of the uses for which the vehicle was kept and, therefore, was a part of the service for which the owner had authorized the boy to run the car as his servant. The only difference between that case and this is that here the young man...
Page 178 - Among reasonable persons much difference prevails as to the circumstances which will justify the infliction of punishment, and the extent to which it may properly be administered. On account of this difference of opinion, and the difficulty which exists in determining what is a reasonable punishment, and the advantage which the master has by being on the spot to know all the circumstances— the manner...
Page 551 - But if the pawnee should undertake to pledge the property (not being negotiable securities) for a debt beyond his own, or to make a transfer thereof...
Page 350 - But if a deer, or any wild animal reclaimed, hath a collar or other mark put upon him, and goes and returns at his pleasure...
Page 34 - any married woman may carry on any trade or business, and perform any labor or services, on her sole and separate account, and the earnings of any married woman from her trade, business, labor, or services shall be her sole and separate property, and may be used and invested by her in her own name.