Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of Cases and Principal Matters, Volum 2


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Side 61 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Side 44 - ... that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for payment of any principal, or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void...
Side 432 - ... and were liable either to the Crown or the foreign owner for the safe custody of the vessel : and that on either of these grounds they were warranted in insuring on their own account. As to the first, it is material to see in what situation the captors stood : it is clear they had no vested right ; they could demand nothing of the Crown. Had the Crown made the grant in their favour, it would have been altogether ex gratia, a mere boon and gift.
Side 603 - ... heirs male of the body and bodies of all and every fuch fon and fons lawfully ifluing, the elder of fuch fons,, and the heirs male of his...
Side 213 - The question for the opinion of the court was, whether the plaintiffs were entitled to recover back the money so paid to the defendants.
Side 714 - East, 60, it was held that one who is injured by an obstruction on a highway, against which he fell, cannot maintain an action, if it appear that he was riding with great violence and want of ordinary care, without which he might have seen and avoided the obstruction.
Side 642 - ... connected covenants, generally of the same import and effect, and directed to one and the same object; and the qualifying language of the one may therefore properly enough be considered as virtually transferred to and included in the other of them. But the covenant for quiet enjoyment is of a materially different import, and directed to a distinct object.
Side 570 - The question is, Whether the plaintiff's dog incurred the penalty of death for running after a hare in another's ground ? And if there be any precedent of that sort, which outrages all reason and sense, it is of no authority to govern other cases.
Side 575 - In that of a man's franchise or privilege whereby he hath a fair, market, or ferry, if another shall use the like liberty, though out of his limits, he shall be liable to an action ; though by grant from the king. But therein is the difference to be taken between a liberty in which the public hath a benefit, and that wherein the public is not concerned.
Side 575 - Then when a man useth his art or his skill to take them, to sell and dispose of for his profit ; this is his trade ; and he that hinders another in his trade or livelihood is liable to an action for so hindering him.

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