A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Compensation Recovered in Suits at Law ...J. S. Voorhies, 1852 - 650 pages |
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Page x
... ACTIONS FOR TORTS GENERALLY . Forms of Action prescribed for wrongs - Trover - Case - Trespass - Replevin- Unless Aggravation is proved , the Measure of Damages in actions of Tort is matter of Law - Where Aggravation is shown , the Jury ...
... ACTIONS FOR TORTS GENERALLY . Forms of Action prescribed for wrongs - Trover - Case - Trespass - Replevin- Unless Aggravation is proved , the Measure of Damages in actions of Tort is matter of Law - Where Aggravation is shown , the Jury ...
Page 10
... action and proceedings at common law , is sufficient to show that the powers of these tribunals are almost solely remedial , and confined , with few ex- ceptions , to the infliction of pecuniary damages . Equity operates by injunction ...
... action and proceedings at common law , is sufficient to show that the powers of these tribunals are almost solely remedial , and confined , with few ex- ceptions , to the infliction of pecuniary damages . Equity operates by injunction ...
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... action . * So , if in the prudent and reasonable ex- ercise , by an owner of property , of his right of dominion ... action . " S The prosecution of this inquiry , however , would lead us directly into the great field of causes of action ...
... action . * So , if in the prudent and reasonable ex- ercise , by an owner of property , of his right of dominion ... action . " S The prosecution of this inquiry , however , would lead us directly into the great field of causes of action ...
Page 32
... action on the case for a nuisance done in the highway , for it is a common nuisance , and then it is not reasonable that a particular person should have the action , for by the same reason that one person might have an action for it ...
... action on the case for a nuisance done in the highway , for it is a common nuisance , and then it is not reasonable that a particular person should have the action , for by the same reason that one person might have an action for it ...
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... action and the rule of com- pensation are confounded and lost . It is proper here to call attention to the ... action . " The law permits a compromise of all offences , though made the subject of a criminal prosecution , for which ...
... action and the rule of com- pensation are confounded and lost . It is proper here to call attention to the ... action . " The law permits a compromise of all offences , though made the subject of a criminal prosecution , for which ...
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Common terms and phrases
action of trespass agreement allowed assessed assumpsit Barb bill Bing bond breach brought chattels claim common law compensation Conn consequence consideration considered contract costs covenant Cowen debt debtor declaration defendant defendant's delivered Denio detinue doctrine entitled to recover eviction evidence fixed form of action fraud give given held Hill injury interest judge judgment jury justice land liable liquidated damages Lord Lord Ellenborough Lord Mansfield loss Mass Massachusetts measure of damages Mees ment mesne profits mitigation of damages negligence nisi prius nominal damages owner paid party payment penalty performance person Pick plaintiff principle proved purchase question recovery refused regard replevin rule of damages says seisin sheriff Smede sold statute suit Supra Supreme Court surety sustained tiff tion tort trespass trial trover vendee vendor verdict Verm vindictive damages warranty Wels Wend writ York
Popular passages
Page 374 - ... certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 67 - ... 1. When the debtor has been guilty of no fraud or bad faith, he is liable only for such damages as were contemplated, or may reasonably be supposed to have entered into the contemplation of the parties at the time of the contract.
Page 23 - For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour.
Page 279 - Court erred in charging that the measure of damages was the difference between the contract price and the market price at...
Page 81 - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault. The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact. The most blamable carelessness of his servant having tempted the child,...
Page 566 - If any party shall be entitled to any compensation in respect of any lands, or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works...
Page 91 - We therefore think that as there is fraud, and damage the result of 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.
Page 415 - There is one case in which the sum agreed for must always be considered as a penalty, and that is, where the payment of a smaller sum is secured by a larger.
Page 47 - So if a man gives another a cuff on the ear, though it cost him nothing, no not so much as a little diachylon, yet he shall have his action, for it is a personal injury. So a man shall have an action against another for riding over his ground, though it do him no damage; for it is an invasion of his property, and the other has no right to come there.
Page 261 - A for not accepting the wheat, that the proper measure of damages was the difference' between the contract price and the market price on the day when the wheat...