The Law of Torts Or Private Wrongs, Volume 1 |
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Page 72
... direct interference with the royal prerogative . Therefore a party injured by a felony could originally obtain no recompense out of the estate of a felon , nor even the restitution of his own property , except after a conviction of the ...
... direct interference with the royal prerogative . Therefore a party injured by a felony could originally obtain no recompense out of the estate of a felon , nor even the restitution of his own property , except after a conviction of the ...
Page 90
... direct inter- ference with his rights . Thus , where the act of taking amounts to a trespass , the plaintiff may waive the trespass and sue for the conversion . So a declaration contained six counts in case , and a seventh count charged ...
... direct inter- ference with his rights . Thus , where the act of taking amounts to a trespass , the plaintiff may waive the trespass and sue for the conversion . So a declaration contained six counts in case , and a seventh count charged ...
Page 99
... direct the jury to consider , whether the accident was unavoidable , or occasioned by any fault in the defendant . So in replevin , evidence showing the intention of the defendant in taking and appropriating property is immaterial ...
... direct the jury to consider , whether the accident was unavoidable , or occasioned by any fault in the defendant . So in replevin , evidence showing the intention of the defendant in taking and appropriating property is immaterial ...
Page 105
... direct forcible act is done wilfully and intentionally , producing an immediate injury , the only rem- edy is trespass.2 22. Some other cases illustrate the same distinction . Thus case , and not trespass , is the proper form of action ...
... direct forcible act is done wilfully and intentionally , producing an immediate injury , the only rem- edy is trespass.2 22. Some other cases illustrate the same distinction . Thus case , and not trespass , is the proper form of action ...
Page 136
... direct cause of the injury . Thus an action was brought by the plaintiff , employed in a factory , against the defendants , the occupiers , for not sufficiently fencing a shaft while in motion , as required by Stat . 7 & 8 Vict . c . 15 ...
... direct cause of the injury . Thus an action was brought by the plaintiff , employed in a factory , against the defendants , the occupiers , for not sufficiently fencing a shaft while in motion , as required by Stat . 7 & 8 Vict . c . 15 ...
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Common terms and phrases
ab initio action lies action of slander action of trespass afterwards alleged arrest assault and battery assumpsit attorney authority averment bailment Barb bill Bing Blackf breach charging the plaintiff committed common law constable contract count Court crime Cush deceit declaration defendant defendant pleaded defendant's delivered demurrer Denio duty entitled evidence execution fact false imprisonment false representation felony fendant fraud fraudulent ground guilty held horse Ibid imputing indictment injury innuendo intent judgment jury justified land liable libel maintain an action maintain trover malice mitigation of damages negligence nuisance offence officer owner paid pari delicto party perjury plea possession proof prosecution prove purchaser question received recover refused remedy replevin Sandf sheriff sold special damage spoken statute sufficient sustained thereby third person tiff tion tort trial usurious vendee vendor verdict warrant Wend words wrong wrongfully Zabr
Popular passages
Page 342 - 'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made,' " and Lord Lindley in Stuart v.
Page 71 - All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
Page 88 - ... every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary ; for a damage is not merely pecuniary, but an injury imports a damage, when a man is thereby hindered of his right.
Page 366 - Every subject has a right to comment on those acts of public men which concern him as a subject of the realm, if he do not make his commentary a cloak for malice and slander. But any imputation of wicked or corrupt motives is unquestionably libellous ; and such appears to be the nature of the publications here.
Page 361 - 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 criminating matter which, without this privilege, would be slanderous and actionable...
Page 50 - It lies only for money which, ex aequo et bono, the defendant ought to refund: it does not lie for money paid by the plaintiff, which is claimed of him as payable in point of honor and honesty, although it could not have been recovered from him by any course of law, — as in payment of a debt barred by the statute of limitations, or contracted during his infancy, or to the extent of principal and legal interest upon...
Page 192 - The least touching of another's person wilfully, or in anger, is a battery; for the law cannot draw the line between different degrees of violence, and therefore totally prohibits the first and lowest stage of it : every man's person being sacred, and no other having a right to meddle with it} in any the slightest manner.
Page 231 - The general distinction is this : where the immediate act of imprisonment proceeds from the defendant, the action must be trespass and trespass only; but where the act of imprisonment by one person is in consequence of information from another, there an action upon the case is the proper remedy, because the injury is sustained in consequence of the wrongful act of that other.
Page 473 - Probable cause is such a state of facts in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion, that the person arrested is guilty.
Page 238 - Injuries affecting a man's health are where, by any unwholesome practices of another, a man sustains any apparent damage in his vigour or constitution. As by selling him bad provisions, or wine ;(«?) by the exercise of a noisome trade, which infects the air in his neighbourhood ;(x) or by the neglect or unskilful management of his physician, surgeon, or apothecary.