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 100
Page 4
... injury of false imprisonment , for which the law has not only decreed a punishment , as a heinous public crime , but has also given a private reparation to the party ; as well by removing the actual confinement for the present , as ...
... injury of false imprisonment , for which the law has not only decreed a punishment , as a heinous public crime , but has also given a private reparation to the party ; as well by removing the actual confinement for the present , as ...
Page 5
... injuries then , or injuries affecting real rights are principally six : 1. Ouster ; 2. Trespass ; 3. Nuisance ; 4. Waste ; 5. Subtraction ; 6. Disturbance . Ouster , or dispossession , is a wrong or injury that carries with it the ...
... injuries then , or injuries affecting real rights are principally six : 1. Ouster ; 2. Trespass ; 3. Nuisance ; 4. Waste ; 5. Subtraction ; 6. Disturbance . Ouster , or dispossession , is a wrong or injury that carries with it the ...
Page 19
... injury to himself and the said wares of the said Yates , took up the said lighted squib from off the said standing , and threw it across the said market - house where it fell upon another standing there of one Ryal , who sold the same ...
... injury to himself and the said wares of the said Yates , took up the said lighted squib from off the said standing , and threw it across the said market - house where it fell upon another standing there of one Ryal , who sold the same ...
Page 20
... injury accompanied with force , for which an action of trespass vi et armis lies against the person from whom it is received . The question here is , whether the injury received by the plaintiff arises from the force of the original act ...
... injury accompanied with force , for which an action of trespass vi et armis lies against the person from whom it is received . The question here is , whether the injury received by the plaintiff arises from the force of the original act ...
Page 21
... injury is immediate from a forcible act of the defendant , the remedy is trespass , and that case is never proper except where the injury is consequential ; but the doctrine there laid down , had been since much doubted by the Court of ...
... injury is immediate from a forcible act of the defendant , the remedy is trespass , and that case is never proper except where the injury is consequential ; but the doctrine there laid down , had been since much doubted by the Court of ...
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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.