Leading Cases on the Law of Torts Determined by the Courts of America and England: With Notes |
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Page 7
... alleged by counsel in the other case . If the court went on a distinction between the words " warranty " and " affirmation , " the case is not law ; for it was rightly held by Holt , C. J. , in the subsequent cases , and has been ...
... alleged by counsel in the other case . If the court went on a distinction between the words " warranty " and " affirmation , " the case is not law ; for it was rightly held by Holt , C. J. , in the subsequent cases , and has been ...
Page 17
... alleged to be in deceit of our court . " It is clear that it is only a more perfect development of the writ of Bracton . 66 The same form of proceeding is de- scribed by Fleta , who wrote about a quarter of a century , or a little more ...
... alleged to be in deceit of our court . " It is clear that it is only a more perfect development of the writ of Bracton . 66 The same form of proceeding is de- scribed by Fleta , who wrote about a quarter of a century , or a little more ...
Page 18
... alleged to be in deceit of the court ; and that such writs were in use , though not in their fully devel- oped form , long before the statute under which actions on the case arose.1 The necessities of the proper adminis- tration of ...
... alleged to be in deceit of the court ; and that such writs were in use , though not in their fully devel- oped form , long before the statute under which actions on the case arose.1 The necessities of the proper adminis- tration of ...
Page 20
With Notes Melville Madison Bigelow. they are examined of the alleged deceit , the tenant shall never recover the land ( since they alone could give evidence that summons was made ) ; but the tenant shall then have a writ of deceit upon ...
With Notes Melville Madison Bigelow. they are examined of the alleged deceit , the tenant shall never recover the land ( since they alone could give evidence that summons was made ) ; but the tenant shall then have a writ of deceit upon ...
Page 24
... alleged fraud committed by his agent Davis in nego- tiating the exchange of lands . Never- theless , he cannot enjoy the fruits of the bargain without adopting all the instrumentalities employed by the agent in bringing it to a ...
... alleged fraud committed by his agent Davis in nego- tiating the exchange of lands . Never- theless , he cannot enjoy the fruits of the bargain without adopting all the instrumentalities employed by the agent in bringing it to a ...
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Leading Cases on the Law of Torts Determined by the Courts of America and ... Melville Madison Bigelow No preview available - 2018 |
Common terms and phrases
action of trespass actual aforesaid alleged appears arrest assault authority bailment Bracton breach charge chattel cited committed common law conspiracy constable contract court deceit declaration defendant defendant's detinue doctrine duty employed enticing entitled evidence fact false imprisonment felony fendant fraud ground guilty held horse imputation indictment injury judgment jurisdiction jury Justice justified land learned judge liable libel Lord magistrate maintain an action malicious malicious prosecution master and servant ment necessary negligence nisi prius nonsuit nuisance opinion owner party pawnee plain plaintiff plea pleaded possession premises principle probable cause procured prosecution prove question reason recover Revere House right of action Roman law rule sheriff slander slander and libel slander of title Smith special damage spoken statute Statute of Laborers supra sustained tained tenant thereby third person tiff tion trespass trial trover verdict warrant Wend wife words writ wrong
Popular passages
Page 596 - 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 493 - ... naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority,...
Page 724 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary' and common care and caution, that, but for such negligence, or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 695 - The master, in the case supposed, is not exempt from liability, because the servant has better means of providing for his safety, when he is employed in immediate connection with those from whose negligence he might suffer ; but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself...
Page 30 - 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 486 - ... a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril, and that, if it does mischief, negligence is presumed without express averment.
Page 493 - ... it seems but reasonable and just that the neighbour who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 198 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 171 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 683 - And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know...