 | Theodore Sedgwick - 1852 - 722 sider
...would cause snch multiplicity of suits as to be itself an intolerable evil. But when he sustains a special damage differing in kind from that which is common to others, as where he falls into a ditch unlawfully made in a highway, and hurts his horse or sustains a personal... | |
 | 1856 - 478 sider
...others, he will not, on that account, have, as of course, a separate right of action. It is only where he suffers some special damage, differing in kind from...to others, that a personal remedy accrues to him." After this disquisition, the commentator proceeds to analyze and discuss some important modern cases... | |
 | Massachusetts. Supreme Judicial Court - 1862 - 670 sider
...more frequently or more severely than others, he has no individual right of action. It is only when he suffers some special damage, differing in kind from...others, that a personal remedy accrues to him ; and Brainard & another v. Connecticut River Railroad Company. certainly no rule of law rests on a wiser... | |
 | Strachan Bethune, John Sprott Archibald, Edmond Lareau, John Stuart Buchan - 1867 - 390 sider
...occasion to use it, he might suffer in a greater degree than others, unless he shall have sustained a special damage differing in kind from that which is common to others; this exception would give him a right to action which he otherwise would not have. The rule and the... | |
 | Edward Lillie Pierce - 1881 - 684 sider
...happens to be placed he may suffer more frequently and more severely than others. It is only when he suffers some special damage, differing in kind from...to others, that a personal remedy accrues to him. This rule applies equally where equitable relief or legal remedies are sought by a party.3 An individual... | |
 | John James Kehoe - 1881 - 232 sider
...person suffers more than others, he has no separate individual right of action ; it is only where he suffers some special damage, differing in kind from...common to others, that a personal remedy accrues to him (Greasy v. Codling, 2 Bing., 268 ; Wilkes v. Hutigerford Market Co., 2 Bing., NC, 181; Henley v. Mayor... | |
 | 1882 - 820 sider
...happens to be placed, he may suffer more frequently and more severely than others. It is only when he suffers some special damage, differing in kind from...to others, that a personal remedy accrues to him. A question involving the same principles as here was much debated in our Court of Queen's Bench in... | |
 | 1882 - 728 sider
...liappens to be placed, he may suffer more frequently and more severely thau others. It is only when he suffers some special damage, differing in kind from that which is common to others, that a personal reinedy accrues to him. A question involving the same principles as here was much debated in our Court... | |
 | Charles Collett - 1886 - 526 sider
...thence occurs though he may suffer more frequently or more severely than othera. It is only where he suffers some special damage, differing in kind from...common to others, that a personal remedy accrues to him.3 Thus, all who use a public road suffer from an obstruction of it, and 1 Broom's Com. 661. 2 Broom'i... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 sider
...would cause such multiplicity of suits as to be itself an intolerable evil. But when he sustains a special damage, differing in kind from that which is common to others, as where he falls into a ditch unlawfully made in a highway, and hurts his horse, or sustains a personal... | |
| |
... although from his proximity to the obstructed way, or otherwise, from his more frequent occasion to use it he may suffer in a greater degree than others, still he cannot have an action, because it would cause such a multiplicity of suits as to be... 
