Select Cases on the Law of Torts: With Notes, and a Summary of Principles, Volume 1Little, Brown,, 1912 |
From inside the book
Results 1-5 of 59
Page 8
... distinct elements in every Tort , which may be conveniently termed the Primary , Secondary , and Tertiary limitations . The first class deals with the sort of harm to be recognized as the basis of the right ; this may be called the ...
... distinct elements in every Tort , which may be conveniently termed the Primary , Secondary , and Tertiary limitations . The first class deals with the sort of harm to be recognized as the basis of the right ; this may be called the ...
Page 28
... distinct questions . The first is , whether , to maintain the present suit , it is essential for the plaintiff to establish any actual damage . As to the first question , I can very well understand , that no action lies in a case where ...
... distinct questions . The first is , whether , to maintain the present suit , it is essential for the plaintiff to establish any actual damage . As to the first question , I can very well understand , that no action lies in a case where ...
Page 46
... distinct - the direct and mys- terious sympathy that exists whenever the sound and health condition . of either is disturbed , render useless any attempt to separate them for the purpose indicated . It is obvious , upon a moment's ...
... distinct - the direct and mys- terious sympathy that exists whenever the sound and health condition . of either is disturbed , render useless any attempt to separate them for the purpose indicated . It is obvious , upon a moment's ...
Page 49
... distinct element of damage , and allow her to recover for it . He insists that this damage was not sued for , and that in another part of the charge of the Court the entire subject of pain was dealt with ; hence the jury were allowed to ...
... distinct element of damage , and allow her to recover for it . He insists that this damage was not sued for , and that in another part of the charge of the Court the entire subject of pain was dealt with ; hence the jury were allowed to ...
Page 70
... distinct . She testified that the first blast was on April 14 , 1906 ; that it knocked nearly half the plastering from the wall of the room she was in , and part of the ceiling . None of it then fell on her , though some fell on Mrs ...
... distinct . She testified that the first blast was on April 14 , 1906 ; that it knocked nearly half the plastering from the wall of the room she was in , and part of the ceiling . None of it then fell on her , though some fell on Mrs ...
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Common terms and phrases
accident administrator affirmed aforesaid alleged appellee assault averred benefit bodily brought cause of action charge child claim common law compensation complained consequence count daughter death deceased declaration defendant defendant's demurrer effect element of damage error evidence executor facts false father give ground held husband imprisonment intention intestate judge judgment jury Justice Knights of Pythias liable libel Lord Lord Campbell's Act loss of service maintain an action mental suffering mother nature negligence nervous shock opinion pain parent party personal injury personal representative physical injury plaintiff plaintiff in error plea principle question Railroad Railroad Co Railway reason recover damages recovery remedy right of action rule slander slander and libel special damage spoken statute suit supra SUPREME COURT Survival Act testator thereby tiff tion tort trespass trial verdict weregild widow wife words writ wrongdoer wrongful act zithers
Popular passages
Page 232 - Be it therefore enacted, that 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) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 178 - ... provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 178 - ... and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been 'liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused xmder such circumstances as amount in law to felony.
Page 165 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 170 - That 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) have entitled the Party injured to maintain an Action and recover Damages in respect thereof...
Page 588 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 759 - Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.
Page 170 - 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 viii - The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
Page 586 - Aqua currit et debet currere is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate.