Cases Illustrating the Principles of the Law of Torts |
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Page 4
... claim the plaintiff alleged that the defendant had negligently and wrongfully and unskilfully fired his gun and wounded the plaintiff in his eye , and that the plaintiff , in con- sequence , had lost his sight and suffered other damage ...
... claim the plaintiff alleged that the defendant had negligently and wrongfully and unskilfully fired his gun and wounded the plaintiff in his eye , and that the plaintiff , in con- sequence , had lost his sight and suffered other damage ...
Page 10
... claim which the plaintiff could suggest the defendant must succeed if he were to plead the facts sworn to by the witnesses for the defendant in this case , and the jury believing those facts , as they must now be taken by me to have ...
... claim which the plaintiff could suggest the defendant must succeed if he were to plead the facts sworn to by the witnesses for the defendant in this case , and the jury believing those facts , as they must now be taken by me to have ...
Page 32
... claims £ 50 . ' Take notice that the plaintiff expressly waives any right or cause of action whatsoever in this or any other court , for any slander , libel , or malicious prosecution , or other action in the nature of libel , slander ...
... claims £ 50 . ' Take notice that the plaintiff expressly waives any right or cause of action whatsoever in this or any other court , for any slander , libel , or malicious prosecution , or other action in the nature of libel , slander ...
Page 42
... claim , I have said that he must make out three propositions ; and if he fails in making out any one of them , he fails in proving what is necessary to support his claim . It is admitted that the burden of proof of the whole lies upon ...
... claim , I have said that he must make out three propositions ; and if he fails in making out any one of them , he fails in proving what is necessary to support his claim . It is admitted that the burden of proof of the whole lies upon ...
Page 71
... claim of the college at their joint expense ; and he insisted on his own wrong to escape the payment of his attorney's bill . No wonder that Lord Abinger said , ' If any ground can fairly be suggested for making his contract legal , we ...
... claim of the college at their joint expense ; and he insisted on his own wrong to escape the payment of his attorney's bill . No wonder that Lord Abinger said , ' If any ground can fairly be suggested for making his contract legal , we ...
Other editions - View all
CASES ILLUSTRATING THE PRINCIP Francis Reynolds Yonge B. 18 Radcliffe,John Charles Sir Miles, B. 1870 No preview available - 2016 |
Cases Illustrating the Principles of the Law of Torts Francis Reynolds Yonge Radcliffe,John Charles Miles No preview available - 2017 |
Common terms and phrases
action of trespass alleged Allen appears assault authority bailee Bayley Blackburn Bradlaugh Bramwell breach brought cause of action champerty charge chattel circumstances committed common common carrier constable contract Court damage decided decision declaration defendant defendant's doctrine duty ejectment entered entitled evidence facts false imprisonment falsely and maliciously favour felony fraud give ground guilty held highway House of Lords induced injury jury justified laid land learned judge Leathem liable libel licence Lord Lord Ellenborough Lord Esher Lord Mansfield lordships loss Lumley maintain malicious prosecution means necessary negligence NEWDE Newdegate nonsuit occasion opinion party person plaintiff plea pleaded possession present principle privileged probable cause proceedings procuring proposition proved question Railway Company reasonable and probable reasonable or probable recover rule slander statement sufficient trespass trial trover true owner verdict words wrongdoer wrongful act wrongfully
Popular passages
Page 421 - We think that the true rule of law is, that the person who, for his own purposes, brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 90 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Page 412 - He can excuse himself by showing that the escape was owing to the plaintiff's default; or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 176 - ... fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 356 - The court said there must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 93 - ... 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 under such circumstances as amount in law to felony.
Page 473 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment.
Page 333 - The proposition which these recognized cases suggest, and which is therefore to be deduced from them, is that, whenever one person Is by circumstances placed in such a position with regard to another that every one of ordinary sense, who did think, would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid...
Page 593 - ... an employee, or his legal representative, shall not be entitled under this article to any right of compensation or remedy against the employer in any case where such employee knew of the defect or negligence which caused the injury and failed, within a reasonable time, to give, or cause to be given, information thereof to the employer...
Page 420 - I may term the natural user of that land, there had been any accumulation of water, either on the surface or underground, and if, by the operation of the laws of nature, that accumulation of water had passed off into the close occupied by the plaintiff, the plaintiff could not have complained that that result had taken place.