Handbook of the Law of TortsWest publishing Company, 1917 - 695 sider |
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Side xii
... Damage .. 316-318 73 . Complete Defenses . 319-340 74 . Partial Defenses . 341-345 CHAPTER XI INFRINGEMENT OF PRIVATE PROPERTY - TRESPASS 75 . Definition 76. Right Invaded .. 77. Trespass ab Initio .. 78. Remedies 79. Defenses 80. Damages ...
... Damage .. 316-318 73 . Complete Defenses . 319-340 74 . Partial Defenses . 341-345 CHAPTER XI INFRINGEMENT OF PRIVATE PROPERTY - TRESPASS 75 . Definition 76. Right Invaded .. 77. Trespass ab Initio .. 78. Remedies 79. Defenses 80. Damages ...
Side 8
... damage suffered by the injured party , he cannot secure redress where such recognition is not given . If I , standing ... damages by the person libeled as a defamer of his charac- ter . " Per Gibson , J. , in Foster v . Com . , 8 Watts ...
... damage suffered by the injured party , he cannot secure redress where such recognition is not given . If I , standing ... damages by the person libeled as a defamer of his charac- ter . " Per Gibson , J. , in Foster v . Com . , 8 Watts ...
Side 23
... damages will be the five dollars and interest , provided that the check remain un- paid , and if it has subsequently been paid his recovery can be but nominal . But , on the other hand , if the wrong is to be considered as a slander ...
... damages will be the five dollars and interest , provided that the check remain un- paid , and if it has subsequently been paid his recovery can be but nominal . But , on the other hand , if the wrong is to be considered as a slander ...
Side 24
... damage or malice a recovery will be limited to nominal damages . T. B. Clark Co. v . Mt. Morris Bank , 85 App . Div . 362 , 83 N. Y. Supp . 447 , 117 N. Y. St. Rep . 447. Cf. Davis v . Standard Nat . Bank , 50 App . Div . 210 , 63 N. Y. ...
... damage or malice a recovery will be limited to nominal damages . T. B. Clark Co. v . Mt. Morris Bank , 85 App . Div . 362 , 83 N. Y. Supp . 447 , 117 N. Y. St. Rep . 447. Cf. Davis v . Standard Nat . Bank , 50 App . Div . 210 , 63 N. Y. ...
Side 25
... damages may be greater ; second , the method of redress . may be more complete . " In actions on contract , except prom- ises to marry , the amount recoverable is limited to the actual damages caused by the breach ; the measure being ...
... damages may be greater ; second , the method of redress . may be more complete . " In actions on contract , except prom- ises to marry , the amount recoverable is limited to the actual damages caused by the breach ; the measure being ...
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affirmed Allen Mass Ass'n Bank Boston breach Brown cause of action Chapin Cas charge chattel Chicago City Clark committed common law Conn contract courts damages Davis defamation defendant defendant's defense of property doctrine duty effect employé employer exercise fact figures refer fraud Gray Mass held infra injured party injury Iowa Johnson Jones jury L. T. Rep latter liable libel Louisville & N. R. malicious merely Miller Minn Misc N. J. Eq N. J. Law N. Y. Supp negligence nuisance Ohio St owner Pennsylvania Co person plaintiff possession reason recover recovery redress refer to pages Repr responsible result rule servant slander Smith South Standard Oil Co statute supra Tenn tion Torts trespass Union unlawful W. R. Co Wend Wkly wrong wrongdoer York Cent
Populære avsnitt
Side 110 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Side 519 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Side 436 - And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do...
Side 512 - We think that the true rule of law is that the person who, for his own purposes, brings on his land 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.
Side 448 - But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act which is in law and in fact a wrong act, and therefore a wrongful act, and therefore an actionable act if injury ensues from it.
Side 371 - In form, it is a fiction; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Side 512 - ... it seems but reasonable and just that the neighbor, 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...
Side 225 - Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership, or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
Side 512 - 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.
Side 134 - In an action or special proceeding a married woman appears, prosecutes or defends alone or joined with other parties as if she was single. It is not necessary or proper to join her husband with her as a party in any action or special proceeding affecting her separate property.