A Treatise on the Law of Torts, Volume 2

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J. Cockcroft & Company, 1876

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Page 542 - ... 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 621 - wilfully,' however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon accordingly; and if, whatever a man's real...
Page 276 - 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 311 - 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 714 - Court in point of law, or upon the admission or rejection of any evidence...
Page 438 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 554 - 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 414 - ... 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 218 - The question of jurisdiction does not depend on the truth or falsehood of the charge, but upon its nature : it is determinate on the commencement, not at the conclusion, of the inquiry : and affidavits to be receivable must be directed to what appears at the former stage, and not to the facts disclosed in the progress of the inquiry.
Page 279 - ... 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...

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