Cases Illustrating the Principles of the Law of Torts |
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Page 3
... liable to the other party ; and I cannot see , ' he says , ' how it is possible to doubt that it is a perfectly good justification to say that the plaintiff was in possession of the land against the will of the defendant , who was owner ...
... liable to the other party ; and I cannot see , ' he says , ' how it is possible to doubt that it is a perfectly good justification to say that the plaintiff was in possession of the land against the will of the defendant , who was owner ...
Page 9
... liable either in trespass or in case . All the cases to which I have referred were before the Court of Exchequer in 1875 , in the case of Holmes v . Mather1 , and Bramwell , B. , in giving judgement in that case , dealt with them thus ...
... liable either in trespass or in case . All the cases to which I have referred were before the Court of Exchequer in 1875 , in the case of Holmes v . Mather1 , and Bramwell , B. , in giving judgement in that case , dealt with them thus ...
Page 18
... liable to an action on the case for obstructing the passage , or of assault , if , on the party persisting in going in that direction , he touched his person , or so threatened him as to amount to an assault . But imprison- ment is , as ...
... liable to an action on the case for obstructing the passage , or of assault , if , on the party persisting in going in that direction , he touched his person , or so threatened him as to amount to an assault . But imprison- ment is , as ...
Page 28
... liable in trespass for a false imprisonment ; but if he falsely and maliciously and without any probable cause puts the criminal law in motion against another , his liability ( if any ) is to an action on the case for malicious ...
... liable in trespass for a false imprisonment ; but if he falsely and maliciously and without any probable cause puts the criminal law in motion against another , his liability ( if any ) is to an action on the case for malicious ...
Page 29
... liable for the imprisonment of the plaintiff under the warrant of the justice ; ( 2 ) That the cause of action in the said first count men- tioned describes too generally the mode by which the defendant charged the plaintiff with the ...
... liable for the imprisonment of the plaintiff under the warrant of the justice ; ( 2 ) That the cause of action in the said first count men- tioned describes too generally the mode by which the defendant charged the plaintiff with the ...
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.