Cases Illustrating the Principles of the Law of Torts |
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Page 4
... defendant denied the negligence alleged . After the evidence on both sides , which was conflicting , had been heard , I left the three following questions to the jury : ( 1 ) Was the plaintiff injured by a shot from defendant's gun ...
... defendant denied the negligence alleged . After the evidence on both sides , which was conflicting , had been heard , I left the three following questions to the jury : ( 1 ) Was the plaintiff injured by a shot from defendant's gun ...
Page 5
... defendant , in a direct line , when the second barrel was fired , was about thirty yards . The case for the plaintiff was entirely different ; but I think it must be held that the jury took the defendant's account of the matter , for ...
... defendant , in a direct line , when the second barrel was fired , was about thirty yards . The case for the plaintiff was entirely different ; but I think it must be held that the jury took the defendant's account of the matter , for ...
Page 9
... defendant driving his carriage on the wrong side of the 1891 . road , and the parties not being able to see each other ... defendant's counsel assumed it in the very objection which prevailed with Lord Ellenborough when he nonsuited the ...
... defendant driving his carriage on the wrong side of the 1891 . road , and the parties not being able to see each other ... defendant's counsel assumed it in the very objection which prevailed with Lord Ellenborough when he nonsuited the ...
Page 10
... defendant's gun , that was an injury owing to an act of force committed by the defendant , and therefore an action would lie . I am of opinion that this is not so , and that against any statement of claim which the plaintiff could ...
... defendant's gun , that was an injury owing to an act of force committed by the defendant , and therefore an action would lie . I am of opinion that this is not so , and that against any statement of claim which the plaintiff could ...
Page 12
... defendant , and that the defendant's agents for the purpose are policemen , from whom , indeed , no unnecessary violence was to be anticipated , or such as they believed unlawful , yet who might be expected to execute such commands as ...
... defendant , and that the defendant's agents for the purpose are policemen , from whom , indeed , no unnecessary violence was to be anticipated , or such as they believed unlawful , yet who might be expected to execute such commands as ...
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 Bowen Bradlaugh Bramwell breach brought cause of action champerty charge chattel circumstances claim committed common carrier constable contract Court decided decision declaration defendant defendant's DERRY doctrine duty ejectment entered entitled entry evidence facts false imprisonment falsely and maliciously favour felony fraud give ground guilty held highway House induced injury jury justified laid land learned judge Leathem liable libel licence Lord Lord Ellenborough Lord Esher Lord Mansfield loss Lumley malicious prosecution means motive 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 soil Stanley statement sufficient trial trover true owner unlawful 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.