A Treatise on the Law of Damages for Personal Injuries: Embrasing a Consideration of the Principles Regulating the Primary Question of Liability, as Well as the Measure and Elements of Recovery After Liability Established

Archibald Robinson Watson

Michie Company, 1901 - 944 sider

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CHAPTER	xli

PAGE	xlv

GENERAL PRINCIPLES	1

CHAPTER II	9

CHAPTER XXII	14

CHAPTER III	21

CHAPTER V	47

INTERVENING CAUSES	55

Mere PossibilitiesProbability as Reasonable Cer tainty	477

Future Pain Which May Be Suffered	480

Necessity for Special Averment	481

Specific Evidence	482

CHAPTER XXVII	483

Preliminary Observations	485

Damages for Mental Suffering Compensatory in Character	488

Rule of Reasonable Certainty	489

CHAPTER VIII	96

84 Illustrations	97

Recovery though Plaintiffs Act Itself Dangerous	98

Plaintiffs Mistake or Error of Judgment	99

Contributory Negligence	101

Defendant Liable Though No Injury Would Have Been Sus tained but for Plaintiffs Act	103

Extent and Limits of RuleReasonable Efforts	104

Where Danger Not Due to Defendants Misconduct	107

Questions for JuryHow Determined	108

EvidenceFact That Others Pursued Same Course as Plaintiff	109

Where Issue Not Made by Pleadings	110

CHAPTER IX	112

Doctrine Permitting Recovery	115

Efforts to Save Anothers LifeGeneral Rule	119

IllustrationsLeading Case	120

Efforts of Mother to Prevent Injury to Child	121

Extent and Limits of RuleAct of Rescuer Must Not Be Rash or Reckless	122

Whether Rescuers Act Reasonable Question for Jury	123

Negligence of Person Rescued	124

Negligence of Rescuer in Creating Condition of Danger	126

Injuries to Third Persons in Efforts to Save Particular In dividual	127

CHAPTER X	129

Illustrations	130

Further IllustrationsConflict of Cases	131

Where Act of Child Contributes to His Own Injury	134

Sale of Explosives	135

Sale of Dangerous Instruments or Substances to Minor Mere Fact of Minority	136

Extent and Limits of Rule	137

Necessity for Special PleaEvidence	139

CHAPTER XI	140

149 Need Not Be Foreseen What Person Will Be Injured	149

CHAPTER XII	150

CHAPTER XIII	158

Physician or Surgeon Furnished by Carrier to Injured Pas	169

Doctrine That All Damages Resulting Directly from Tort	195

Rationale of Foregoing	203

CHAPTER XVI	227

Extent and Limits of Rule	237

Duty to Submit to Surgical Operation	239

Where Damages Increased or Aggravated by Plaintiff	241

Injuries Received in Efforts to Avoid or Diminish In juries	243

Instructions	245

Necessity for Special Plea	246

Burden of Proof	247

Distinction between Cases Where Plaintiff Merely Aggravates Injuries Already Sustained and Where He Contributes to Original Cause	248

CHAPTER XVII	250

Aggravation of Existing Disease	252

Doctrine That Defendant Not Liable	254

Defendants Knowledge of Plaintiffs Condition	257

Actions for Hastening Death	258

Same SubjectAction under Particular Statute	259

Pleading	260

Rules in Present Connection Not Inconsistent with Gen eral Principles	261

CHAPTER XVIII	262

Epilepsy	263

Blood Poisoning	264

Pulmonary Consumption from Blow in Chest	265

Increase of Liability to Contract or Diminution of Ability to Resist Disease	266

Not Necessary That Disease Should Be Probable Conse quence of Injuries	267

Latent Tendency to Disease	268

220 Predisposition to Cancer	270

Organic Tendency to Scrofula	271

Causal Connection between Injuries and Disease	272

Illustration of Foregoing	273

Mere Fact of Existence of Disease	274

Causal Connection Question of Fact for Jury	275

Pleading	276

CHAPTER XIX	279

Consequences of a Contrary Rule	281

Illustrations of General RuleInjuries to Trespassers	282

The No Duty to Trespassers Doctrine	284

Injuries to Infant Trespassers	290

Turntable Cases	296

Violation of Highway Laws and Ordinances	298

Violation of Sunday LawsGeneral Rule	299

Injuries of Highways	300

Act of Plaintiff Neither Defense Nor Matter in Mitigation	301

Statutory Changes and Modifications of Foregoing	303

Whether Fact of Illegality of Plaintiffs Act Admissible in Evidence	304

What Acts of Plaintiff in Violation of Law Will Defeat Right of Recovery	305

Question of Fact for Jury	307

To What Extent and for What Purposes Illegality of Plain tiffs Act May Be Considered	308

CHAPTER XX	314

Introductory	315

Violation of Statute or Ordinance as Constituting Negli genceNegligence Per Se	316

Criticism of Terms of Negligence Per Se Rule	317

Domestic	318

Prima Facie Negligence	319

Evidence of Statute or Ordinance on Question of Negli gence	321

Actionable Negligence	322

Some Evidence of Negligence	324

Natural and Proximate Cause	325

Where Violation of Statute or Ordinance Per Se Negli gence	327

Question of Fact for Jury	328

Contributory Negligence 329	329

For What Purposes and to What Extent Fact of Violation of Statute or Ordinance May Be Considered	330

Consequences Intended to Be Provided A gainst	334

Same Subject ContinuedWhen Question of Fact for Jury	338

Public DutyPrivate Injury Rule	345

Duty Created towards Particular Persons or Classes	347

Contributory Negligence	350

Plaintiffs Presumption of Defendants Compliance with Law or Ordinance	351

Presumption vs Apparent Facts	353

Presumption as Affecting Defendants Negligence	354

Alleged Distinction between Statute and Ordinance	355

Statutes or Ordinances Which Impose a Specific Penalty for Violation or Omit Specifically to Impose Civil Liability	356

Injunction to Prevent in Addition to Penalty for Violation	358

Evidence of Conflicting Ordinances	359

Evidence of Ordinance and ViolationOrder of Proof	360

Admissibility of Evidence of Violation of Statute or Ordi nance under General Averments of Negligence	361

Doctrine That Evidence of Violation of Statute or Ordi nance Inadmissible	362

CHAPTER XXI	363

Absolute Certainty Not RequiredReasonable Certainty Sufficient	364

Remote Possibilities	365

Uncertainty as to Origin or Cause	366

Illustrations of Foregoing	367

Uncertainty as to Extent	370

Illustrations of Foregoing	371

Where Several Methods of Computing Damages	372

Where Case Affords Just and Certain Rule	373

Where Damages Insusceptible of Certain Measure	374

Damages in Discretion of JuryPunitive Damages	375

Burden of Proof	378

PROSPECTIVE DAMAGESFUTURE CONSEQUENCES	380

Necessity for Special Allegation	383

Reasonable Certainty Necessary	384

What Rule of Reasonable Certainty Requires	386

Permanent Injuries	387

Necessity for Allegation of Permanency	390

Damages Sustained between Institution of Suit and Trial	392

CHAPTER XXIII	393

Compensation or IndemnityWhen Matter of Discretion	395

Criticism of Rule of CompensationElements Insusceptible of Pecuniary Measure	397

Elements Susceptible of Money Valuation	399

Jury to Be Guided by the EvidenceArbitrary Discretion	400

Jury Not to Consider What Amount of Damages Will Carry Costs	401

Illustration of ForegoingLoss of Eyesight	403

InstructionsDiscretion of Jury	404

Instruction Limiting Jury to Amount Claimed	407

CHAPTER XXIV	408

tions	409

Rule as to Excessive Damages	410

Reluctance of Court to Interfere	411

Doctrine That Excessiveness Alone Not Sufficient to War rant Judicial Interference	413

Fact That Verdict Seems Too High	414

Passion Prejudice SympathyDoctrine That Must Be Unreasonable	415

Function of Appellate Court	417

When Verdict Will Be Set Aside	420

Observations with Reference to Corporation Defendant	422

Peremptory Reduction of Verdict by Court	423

337 Remittitur Where Verdict So Excessive as to Indicate Pas sion or Prejudice	424

Where Verdict in Excess of Amount Claimed	427

Remittitur as Curing Improper Admission of Exclusion of Evidence	428

Where No Certain Measure of DamagesGeneral Rule	429

Contrary Doctrine	430

Objection to Practice of Remittitur on Constitutional Grounds	432

Rule as to Inadequate Damages	433

Mere Fact of Inadequacy	435

Where Verdict Demonstrably Too Small	436

Where Recoverable Element Ignored or Overlooked	438

Function of Appellate CourtNorth Carolina Rule	439

Increasing Amount of Verdict	440

Conflict of Evidence	441

Evidence to Be ExcludedQualification	442

CHAPTER XXV	444

Same Cause	445

Difference in Present and Past Value of Money	446

Damages for Total and Permanent Disability	447

Injuries to EyesLoss of Sight	448

Loss of Legs	449

Loss of Use of Legs	451

Injuries to Knee or Ankle	455

Loss of Feet	457

Loss of and Injuries to Arms	459

Miscellaneous	464

CHAPTER XXVI	469

Measure	471

Future Pain and Suffering	474

Rule of Reasonable CertaintyDegree of Certainty Re quired	475

Natural and Proximate Cause	491

Mental Suffering Alone as a Cause of Action	495

Necessity for Contemporaneous Bodily Injury	497

Rule Not Satisfied Though Bodily Injuries Subsequently Ensue	498

What Constitutes Bodily Injury under Foregoing Rule	500

Wanton and Intentional Wrongs	502

Rationale of RuleConsiderations of Policy	503

Observations upon Foregoing Rule	504

Distinction between Actions for Mental Suffering Alone and Where Physical Injuries Subsequently Ensue	506

Physical Injuries SustainedMental Suffering from Differ ent Source	509

Doctrine That Contemporaneous Physical Injuries Unnec essary	510

Mental Suffering for Physical Injuries to AnotherSympa thetic Mental Suffering	512

Action by Parent for Injuries to Child	513

Actions for Seduction Abduction etc	515

Injury to Parental FeelingsDoctrine That Damages Recoverable	516

Action by Husband for Injuries to Wife	517

Anxiety as to Future Support of Family	520

Anxiety for Safety of Others	521

Mental Suffering in Actions for Torts to Property	523

Actions for Breach of Contract	528

Same SubjectDoctrine That Damages for Mental Suffer ing Recoverable Where Natural and Proximate Conse quence	529

Same SubjectIllustrations	530

Contracts to Marry	531

Future Mental Suffering	532

Rule of Reasonable Certainty	533

Several Sorts of Mental Suffering	534

Mental Suffering as Incident of Bodily Pain	535

Presumption as to Such Suffering	537

Necessity for Special Allegation	538

428 Mental Suffering for Disfigurement of Person	539

Doctrine That Damages Not Recoverable	542

Shame Humiliation Sense of Indignity and Insult	543

Actions of Assault and Battery	544

Indecent Assault	546

Ejection of Passengers	547

Annoyance Vexation Disappointment	549

Sorrow Grief Sentimental Distress	552

Illustrations	553

Necessity for Bodily Injury	555

Necessity for Evidence of Mental Suffering	556

Doctrine That Such Evidence Inadmissible	557

View That Such Evidence Not Incompetent	558

Evidence of Plaintiffs Condition in LifeFormer Appear ance	559

Motive of WrongdoerEvidence of Wrongful Intent	560

Wrongful Intent Not Necessary	561

Telegraph Cases	562

Action Either in Tort or Contract	563

Doctrine That Damages for Mental Suffering May Be Recovered	564

Illustrations	565

Further Illustrations	566

Alleged Distinction between Mental Suffering Caused by Delay in Delivery and That Which Prompt Delivery Would Have Relieved	568

CHAPTER XXVIII	576

CHAPTER XXIX	583

CHAPTER XXX	616

CAPAC	622

Qualification of Foregoing	630

Averment of Particular Business or Engagement	644

Nature of Plaintiffs LiabilityStatute of Limitations	659

Whether Physician Licensed Practitioner	660

Burden of Proof	661

Where Services Gratuitously RenderedDoctrine That Value Recoverable	662

Contrary Doctrine	663

Expenses Paid by Third Person	664

Necessity for Special Allegation	665

Allegation of Amount	667

Expense of Employment of Substitutes or Assistants	669

Doctrine That Such Expenses Recoverable	670

False ImprisonmentMalicious Prosecution etc	671

Stated Rationale of Rule	673

View That Liability for Exemplary Damages Has No Bear ing on Question	674

Defense against Act of AnotherRemedy Over	676

Actual Payment of Fees Unnecessary	677

CHAPTER XXXII	680

Amount of Recovery	681

Assignability	682

Cause of Action Arising under Foreign Statute	683

Averment and Proof of Foreign Law	684

Presumption as to Existence of Common Law	685

CHAPTER XXXIII	686

Pleading the Contract	687

Whether and When Form of Action Material or Important	688

Breach of Contract of CarriageLimited Rule Applied	689

576 Action Construed to Be TortMore Extended Rule	690

Doctrine That Same Rule as to Remoteness Applies in Con tract and in Tort	691

Action for Personal Injuries Transitory in Nature	695

Allegation of Venue	696

Where Injury to Person and Property Results from Same Act or Omission	697

Doctrine of Two Causes of Action	700

Joinder of Statutory and CommonLaw Rights of Action	701

Joinder of Tort and ContractRepugnancy	702

EVIDENCE AND Burden of PROOF	705

Declarations as to Cause of Injuries	706

Evidence of Moral Character	707

Action for Assault and BatteryConduct of Bystanders	709

Same SubjectSimilarity of Circumstance and Condition	710

Same SubjectObjections to Admissibility	712

Probable Duration of Life	713

Same SubjectMortuary Tables	714

Burden of Proof	716

CHAPTER XXXV	718

Expert Testimony	720

Reason and Grounds for Opinion	722

Examination of WitnessesWeight of Testimony	723

Opinions of Experts Involving Speculation or Conjecture	724

CHAPTER XXXVI	725

Consequences of Contrary Doctrine	727

Absence of Exclamations	728

Rationale of Rule	730

Where Action Pending When Examination Made	731

Distinction between Involuntary Exclamations and Mere Declarations Descriptive Statements or Expressions of Opinion	732

CHAPTER XXXVII	736

Same SubjectCases Where Such Evidence Admitted	740

Disfigurement of PersonLoss of Enjoyment of Life	744

Injuries to ChildrenEmployment of AttendantsContrib utory Negligence	745

Where Punitive Damages Recoverable	748

Evidence of Defendants WealthRule in Case of Punitive Damages	750

Same SubjectWhere Punitive Damages Not Recoverable	751

Several Defendants Sued Jointly	752

How Defendants Wealth ShownNecessity for Evidence	753

Evidence of Defendants Lack of Means	754

Evidence of All Circumstances Surrounding Both Parties	756

CHAPTER XXXVIII	758

Reason of Rule	764

Repairs or Precautions by Third Person	767

Qualifications of General Rule	769

Evidence in Explanation of View Diagram or Photograph	772

Ownership and ControlDuty to Repair	775

Instructions	776

Same SubjectNo Objection to Evidence	777

Jurisdictions in Which Evidence of Subsequent Repairs and Precautions Held Admissible	778

PHYSICAL EXAMINATION	782

Contrib	795

Ons Held	802

PLEADING AND PRACTICE	814

Application of Rule in Particular Cases	820

Requisite Particularity of Averment	823

General Damages Occurring Since Institution of Action	824

Specific Averments of General Damages	825

Wilful Injuries	826

Averment of Negligence	827

Itemizing the Damages	831

VarianceNecessity for Proof of Everything Alleged	832

Pleading Matters of Evidence	834

Anticipating Matters of Defense	838

LimitationsAmendments	839

Quotient Verdicts	840

CHAPTER XLII	841

Rule in Georgia	843

Rule in VirginiaPractice Approved	844

CHAPTER XLIII	845

Introductory	846

Objection to Doctrine of Punitive Damages	847

Fact That Defendants Act Is Punishable as a Criminal Offense	848

Jurisdictions in Which Punitive Damages Denied	850

Jurisdictions in Which Punitive Damages AllowedState ment of General Rule	851

Rationale of Doctrine	853

Necessity for Actual Damages	855

Nominal Damages	856

Malice or Intent to Injure	857

What Constitutes Malice	859

Malice Not Presumed from Illegality	860

Acts Done under Mistaken Sense of Right or Duty	861

Persons Incapable of Intent in Law	862

Rule in Negligence Cases	863

Liability of Principal for Act of AgentDoctrine That No Distinction between Punitive and Compensatory Dam ages	868

Express Antecedent Authority or Subsequent Ratification	870

Liability by Ratification	871

What Constitutes Ratification	872

Liability of Corporate Principals	875

Actions against Personal Representatives	877

Where Several Defendants Are Sued Jointly	878

Mitigation of Punitive Damages	879

Alleged Benefits to Plaintiff	881

Discretion of Jury as to Amount	883

Pleading	885

INDEX	889

quencesCharacter of Message as Indicated by Its Terms 568	942

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A Treatise on the Law of Damages for Personal Injuries: Embrasing a ...
Archibald Robinson Watson
Uten tilgangsbegrensning - 1901

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14 Allen Mass accident act or omission action for damages alleged anticipated attempt Balto Brooklyn Brooklyn Heights Bucksport Chapter Chicago child circumstances City Colo concurring Conn connection conse contemplated contributory negligence court damnum absque injuria danger death defendant defendant's act doctrine evidence fact foreseen Galveston Gulf held liable highway horse Illustrations injuries complained injuries received injuries sustained intervening act intervening cause Jones jury latter liable in damages loss Louis Louisville Manhattan McDonald Missouri natural and proximate nominal damages ordinary party passenger Pennsylvania Co peril personal injuries physician plaintiff plaintiff's injuries proximate cause proximate consequence Pullman Palace Car quences question Railroad Co railroad company reason recover References remote responsible result rule servant shown Smith street supra Terre Haute Texas third person tion tort West Chicago Western Union whereby Wilson wrongdoer wrongful act

Populære avsnitt

Side 563 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.‎

Vises i 599 bøker fra 1803-2007

Side 196 - But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.‎

Vises i 238 bøker fra 1852-1999

Side 563 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation...‎

Vises i 485 bøker fra 1803-2007

Side 275 - The argument is not sound which seeks to trace this immediate cause of the death through the previous stages of mental aberration, physical suffering, and eight months' disease and medical treatment to the original accident on the railroad. Such a course of possible or even logical argument would lead back to that " great first cause least understood," in which the train of all causation ends.‎

Vises i 47 bøker fra 1873-1988

Side 700 - I do not in the least deny; but it seems to me a subtlety not warranted by law to hold that a man cannot bring two actions, if he is injured in his arm and in his leg, but can bring two, if besides his arm and leg being injured his trousers which contain his leg, and his coatsleeve which contains his arm, have been torn.‎

Vises i 40 bøker fra 1870-2007

Side 181 - ... that he knows, or has reasonable means of knowing, that consequences not usually resulting from the act are, by reason of some existing cause, likely to intervene so as to occasion damage to a third person. Where there is no reason to expect it, and no knowledge in the person doing the wrongful act that such a state of things exists as to render the damage probable, if injury does result to a third person it is generally considered that the wrongful act is not the proximate cause of the injury...‎

Vises i 35 bøker fra 1874-1997

Side 783 - No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.‎

Vises i 258 bøker fra 1870-2008

Side 510 - It Is a matter of general knowledge that an attack of sudden fright or an exposure to Imminent peril has produced In Individuals a complete change In their nervous system, and rendered one who was physically strong and vigorous weak and timid.‎

Vises i 43 bøker fra 1886-2004

Side 698 - It results from this principle, and the rule is fully established, that an entire claim, arising either upon a contract or from a wrong, cannot be divided and made the subject of several suits; and if several suits be brought for different parts of such a claim, the pendency of the first may be pleaded in abatement of the others, and a judgment upon the merits in either will be available as a bar in the other suits.‎

Vises i 70 bøker fra 1843-1988

Side 855 - By the common as well as by statute law, men are often punished for aggravated misconduct or lawless acts by means of a civil action, and the damages, inflicted by way of penalty or punishment, given to the party injured. In many civil actions, such as libel, slander, seduction, etc., the wrong done to the plaintiff is incapable of being measured by a money standard...‎

Vises i 45 bøker fra 1852-2003

Bibliografisk informasjon

Tittel	A Treatise on the Law of Damages for Personal Injuries: Embrasing a Consideration of the Principles Regulating the Primary Question of Liability, as Well as the Measure and Elements of Recovery After Liability Established Making of modern law
Forfatter	Archibald Robinson Watson
Utgiver	Michie Company, 1901
Lengde	944 sider

Eksporter sitat	BiBTeX EndNote RefMan

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