Wrongs and Their Remedies: A Treatise on the Law of Torts, Volume 2Banks and Bros., 1876 - 1440 pages |
From inside the book
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Page 695
... question was , whether this The doctrine of the text seems to be in conflict with the views of the court in Stearns & Wife v . Sampson , 59 Me . 568 . Brown v . Dawson , 12 Ad . & E. 629 . Taylor . Cole , 3 T. R. 295 . Taunton v ...
... question was , whether this The doctrine of the text seems to be in conflict with the views of the court in Stearns & Wife v . Sampson , 59 Me . 568 . Brown v . Dawson , 12 Ad . & E. 629 . Taylor . Cole , 3 T. R. 295 . Taunton v ...
Page 712
... question as to his bonâ fides , for a ( 2 ) 24 & 25 Vict . c . 96 , s . 113. See 32 & 33 Vict . c . 12 , s . 10 ; c . 57 , s . 6 . ( m ) Hopkins e . Crowe , 4 Ad . & E. 774 . ( n ) 32 & 33 Vict . c . 70 , ss . 110-113 . ( 0 ) Per Ld ...
... question as to his bonâ fides , for a ( 2 ) 24 & 25 Vict . c . 96 , s . 113. See 32 & 33 Vict . c . 12 , s . 10 ; c . 57 , s . 6 . ( m ) Hopkins e . Crowe , 4 Ad . & E. 774 . ( n ) 32 & 33 Vict . c . 70 , ss . 110-113 . ( 0 ) Per Ld ...
Page 723
... question as to which of them caused the collision , or struck the person of the other , is raised by the general issue of not guilty ( y ) . If both are in fault and both caused the collision , so that it is impos- sible to fasten the ...
... question as to which of them caused the collision , or struck the person of the other , is raised by the general issue of not guilty ( y ) . If both are in fault and both caused the collision , so that it is impos- sible to fasten the ...
Page 728
... question of reasonable and probable cause is a question for the judge and not for the jury ( e ) . " Probable cause , " observes Tindal , C.J. , " is , no doubt , a question of law , and within the province of a judge to decide ; but ...
... question of reasonable and probable cause is a question for the judge and not for the jury ( e ) . " Probable cause , " observes Tindal , C.J. , " is , no doubt , a question of law , and within the province of a judge to decide ; but ...
Page 729
... question of reasonable and probable cause ( 1⁄2 ) . A justification of an imprisonment on the ground that the plaintiff had committed felony , and an abandonment of the plea at the trial , or a failure to prove it , is evidence of ...
... question of reasonable and probable cause ( 1⁄2 ) . A justification of an imprisonment on the ground that the plaintiff had committed felony , and an abandonment of the plea at the trial , or a failure to prove it , is evidence of ...
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Common terms and phrases
action actual alleged amount answer ante appear apply arrest assault authority brought cause cause of action character charge circumstances claim committed common compel compensation complained contract conviction corporation costs county court court damages defendant directed duty enacted entitled evidence Exch execution exercise fact false give given granted ground guilty held husband imprisonment injury intended interest issue judge judgment jurisdiction jury justices land liable libel magistrate maintain malicious mandamus matter means nature necessary notice observes obtained offence officer particular party person plaintiff plea pleaded prevent privileged proceedings proof prosecution protection proved question Rail reasonable received recover refused remedy representation respect responsible rule servant sheriff slander statute suit sustained taken tion tort trespass trial unless Vict warrant wife writ wrong
Popular passages
Page 1112 - ... whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued...
Page 900 - Act ; and the company shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the railway, or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners...
Page 930 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Page 1178 - ... party, upon that belief, enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party's...
Page 1122 - 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 945 - The proper meaning of a privileged communication is only this: that the occasion on which the communication was made rebuts the inference [of malice] prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact —that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made 1
Page 1012 - ... not specifying the same shall be deemed fraudulent on the part of the promoters, directors, and officers of the company knowingly issuing the same, as regards any person taking shares in the company on the faith of such prospectus, unless he shall have had notice of such contract.
Page 903 - ... unexpired term or interest in such lands, and for any just allowance which ought to be made to him by an incoming tenant, and for any loss or injury he may sustain, or if a part only of such lands...
Page 1071 - The court, after a final decree of nullity of marriage or dissolution of marriage may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders with reference to the application of the whole or a portion of the property settled either for the benefit of the children of the marriage or of their respective parents as to the court shall seem fit.
Page 837 - That in all cases where an information shall be laid before one or more of Her Majesty's Justices of the Peace...