A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice, Volume 3

Front Cover
Baker, Voorhis & Company, 1891 - Damages
 

Contents

Removal of soil
52
Mills and flowage
53
Diversion of waterAvoidable consequences
55
Flooding land
57
Removal of chattels
58
Other injuries to real property
59
Distraint of cattle damage feasant
60
NUISANCE 946 Special damage necessary
61
General rule
63
Removable nuisanceElements of loss
64
Liability and right of recovery
67
WASTE
68
950 Action of waste
69
CHAPTER XXXII
72
What constitutes a breach
81
Recovery of consideration on breachNew York total rule
82
Improvements excluded by New York rule
85
Allowed in some jurisdictions
89
Good faith required 961 New York rule followed in most States
90
Assignees damages 962 963 Recovery of value at time of evictionNew England rule
94
General discussion of the rules
99
Proof of consideration
101
Consideration with interest and expenses recoverable IV COVENANTS AGAINST INCUMBRANCES 967 General principles
108
Incumbrance removable
109
Total eviction
110
Eviction from part of land 971 Partial failure of title
111
Permanent incumbrance on land
114
Improvements
117
Consequential damages not allowed
118
Covenant to remove incum brances
122
Nominal damages
124
Mortgages V GENERAL PRINCIPLES
125
Afteracquired titleEstoppel Reduction of damages
126
Title perfected by granteeEx
127
penses recoverable 980 Expenses must be reasonable
129
Interest
131
Expense of defending or obtain ing possession
133
Counsel fees
134
COVENANTS IN LEASES
135
Rule of avoidable consequences 993 Covenant to make improve 985 Covenant of quiet enjoyment Early rule
136
Exception to early rule
137
Present rule
141
Covenant to pay rent
142
Covenant to repair
143
General rule Covenant by lessee
144
Covenant by lessor
146
Consequential loss ments
149
Covenant to rebuild
152
Covenant to insure 996 Covenant to renew
153
Covenant to give up possession
154
Covenant to allow removal of buildings fixtures etc 999 Other covenants in leases
155
Costs as between lessee and sub lessee
156
CHAPTER XXXIII
158
Cases following Flureau v
160
Engel v Fitch
169
Bain v Fothergill English rule Present
175
General considerations
181
Exceptional casesVendor re fuses to convey being able to do
182
General rules of American law 1009 The rule of nominal damages
185
Substantial damages always re coverableGeneral rule in America
197
Reduction of damages
199
Payment in advance
200
Nichols v Freeman 1016 Quality or quantity deficient
201
CHAPTER XXXIV
224
Miscellaneous contracts
283
Exchange of property
284
Recoupment prevents recovery
285
for same cause 1073 Failure to recoup does not bar action for same cause
286
Payment not pleaded
288
Recoupment after verdict
289
CHAPTER XXXV
290
English statutes and decisions 1079 Lands clauses consolidation
292
CHAPTER XXXVI
328
Rules under new constitutions
349
Rule in Illinois
357
General conclusions
365
California
382
Missouri
388
Kentucky
399
CHAPTER XXXVIII
409
Value as affected by previous
439
Value for special purpose
445
road
471
past damages
485
Loss of profitsFalling off
500
General conclusions
507
Profits at
509
Treble damages
529
Profits in equity
531
Present rule in equity
534
Origin of rule in equity
535
Plaintiff must separate profit Nominal damages
537
Entire profits not recoverable
539
Patents for designs
541
Criticism of the rule in equity
543
Entire profits sometimes re coverable 1238 Method of estimating profits when recovery is not entire
544
Defendants sales not usually criterion
544
Sales sometimes measure plain tiffs loss
544
Profits in excess of damages 1242 Limits of account in equity 1243 Burden of proof in equity
544
Interest on profits and license fees
544
Interest on expenses
544
Counsel fees
544
CHAPTER XLI
544
Where death ensues
544
Means of support
562
Other damages
565
Sales by several persons
567
CHAPTER XLII
573
Averment of damage not other wise material
576
Special damages
578
Prospective damages
579
Exemplary and treble dam ages 1264 Interest 1265 Special damagesActions for injury to real estate
580
For breach of contract
583
Against carriers
584
For injury to personal prop erty 1269 For loss of business
585
For personal injury
587
For other torts II PRACTICE
588
Upon plea in abatement 1274 Upon plea to the damage
590
Entire or several damages Joinder of good and bad counts
592
CHAPTER XLIII
603
CHAPTER XLIV
629
Excessive damagesPower
639
What damages are excessive
645
Wrong measure of damages
651
Modes of computing damages
657

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Common terms and phrases

Popular passages

Page 379 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.
Page 356 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Page 388 - ... in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested...
Page 249 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 361 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 160 - These contracts are merely upon condition, frequently expressed, but always implied, that the vendor has a good title. If he has not, the return of the deposit, with interest and costs, is all that can be expected.
Page 380 - ... the owner, irrespective of any benefit from any improvement proposed by such corporation...
Page 383 - Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be prescribed by law; and until the same shall be paid to the owner, or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein divested.
Page 379 - ... private property shall not be taken or applied for public use, unless just compensation be first made therefor ; nor shall private property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owner ; Provided, however...
Page 248 - The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of the following causes of action: "1.

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