Handbook, of the Law of TortsWest Publishing C.̀, 1917 - 695 sider |
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Side x
... Jury . 103-104 CHAPTER IV GENERAL PRINCIPLES ( CONTINUED ) —DEFENSES 35. In General .... 36 . Inherent Defenses . ( 1 ) Necessity 105 105-117 106-107 ( 2 ) Acts of State ... 107-108 ( 3 ) The Police Power .. ..108-111 ( 4 ) Illegal ...
... Jury . 103-104 CHAPTER IV GENERAL PRINCIPLES ( CONTINUED ) —DEFENSES 35. In General .... 36 . Inherent Defenses . ( 1 ) Necessity 105 105-117 106-107 ( 2 ) Acts of State ... 107-108 ( 3 ) The Police Power .. ..108-111 ( 4 ) Illegal ...
Side 5
... jury from the circumstances under which the act was committed.11 Now it is not altogether true that intent is never involved in a tort ; for instance , before a recovery can be had for fraud , it must be shown that there was a design on ...
... jury from the circumstances under which the act was committed.11 Now it is not altogether true that intent is never involved in a tort ; for instance , before a recovery can be had for fraud , it must be shown that there was a design on ...
Side 25
... jury are not restricted to compensation merely . They may , if the evidence justifies it , give vindictive or exemplary damages , such as will not only compensate the injured party , but at the same time tend to prevent a repeti- tion ...
... jury are not restricted to compensation merely . They may , if the evidence justifies it , give vindictive or exemplary damages , such as will not only compensate the injured party , but at the same time tend to prevent a repeti- tion ...
Side 34
... jury . Knupfle v . Knickerbocker Ice Co. , 84 N. Y. 488. And see in- fra , p . 534. The statute of Westminster II ( 13 Edw . I , c . 50 ) express- ly gave a remedy by an action on the case to all who are aggrieved by the neglect of any ...
... jury . Knupfle v . Knickerbocker Ice Co. , 84 N. Y. 488. And see in- fra , p . 534. The statute of Westminster II ( 13 Edw . I , c . 50 ) express- ly gave a remedy by an action on the case to all who are aggrieved by the neglect of any ...
Side 66
... jury from imposing exemplary damages . 61 Thus , where defendant , being sued for trespass for taking corn , pleaded that the corn was in danger of being eaten by cattle , wherefore he removed it to the barn of the plaintiff , the owner ...
... jury from imposing exemplary damages . 61 Thus , where defendant , being sued for trespass for taking corn , pleaded that the corn was in danger of being eaten by cattle , wherefore he removed it to the barn of the plaintiff , the owner ...
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affirmed alleged Allen Mass arrest Ass'n assault bailment Barb breach Brown cause of action Chapin Cas charge chattel City Clark Code Civ committed common law Conn contract court defamation defamatory defendant defendant's defense of property doctrine duty effect employé employer Exch exercise fact false fraud Gray Mass held husband imprisonment imputation infra injury Iowa Jones jury L. T. Rep latter Law Rev liable libel Lord Herschell malice merely Metc Minn Misc motive N. J. Eq N. J. Law N. Y. Supp negligence officer Ohio St owner person plaintiff possession protection purpose reason recover recovery redress refused Repr responsible result rule servant slander Smith South statute supra Tenn tion Torts trespass trover Union unlawful W. R. Co Wend Wkly wrong wrongdoer York
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.