Cases on Torts: With Abstracts of Lectures Upon Several TortsHepbron and Haydon, 1915 - 555 էջ |
From inside the book
Արդյունքներ 36–ի 1-ից 5-ը:
Էջ 43
... writ of error upon which the case was heard by the House of Lords . That court reversed the judgment had below and held in favor of the plaintiff and in accordance with the opinion of Holt . While the case is good authority upon the ...
... writ of error upon which the case was heard by the House of Lords . That court reversed the judgment had below and held in favor of the plaintiff and in accordance with the opinion of Holt . While the case is good authority upon the ...
Էջ 86
... writ authorizing the arrest . To be valid , the writ must issue from a court or magistrate legally authorized to issue such writs , and it must be fair on its face ; that is , it must substan- tially conform to the legal requirements ...
... writ authorizing the arrest . To be valid , the writ must issue from a court or magistrate legally authorized to issue such writs , and it must be fair on its face ; that is , it must substan- tially conform to the legal requirements ...
Էջ 87
... writ issued to enforce the judgment of the court- martial was void and did not protect the officer executing it , though he had no means of knowing the infirmity of the writ : Wise vs. Withers , infra , p . 279 . The application of this ...
... writ issued to enforce the judgment of the court- martial was void and did not protect the officer executing it , though he had no means of knowing the infirmity of the writ : Wise vs. Withers , infra , p . 279 . The application of this ...
Էջ 88
... writ authorizes the arrest of a person of a certain name , and the officer arrests one bearing a different name , the writ is not a protection to the officer , although the person ar- rested may be the one intended by the author of the ...
... writ authorizes the arrest of a person of a certain name , and the officer arrests one bearing a different name , the writ is not a protection to the officer , although the person ar- rested may be the one intended by the author of the ...
Էջ 93
... writ of habeas corpus . Thereupon the plaintiff brought this action for false imprisonment against the schoolmaster . It did not appear that the boy knew that his mother had requested that he be sent home , and there was no evidence ...
... writ of habeas corpus . Thereupon the plaintiff brought this action for false imprisonment against the schoolmaster . It did not appear that the boy knew that his mother had requested that he be sent home , and there was no evidence ...
Այլ խմբագրություններ - View all
Cases on Torts: With Abstracts of Lectures Upon Several Torts Charles Albert Keigwin Ամբողջությամբ դիտվող - 1915 |
Cases on Torts: With Abstracts of Lectures Upon Several Torts Charles Albert Keigwin Ամբողջությամբ դիտվող - 1920 |
Cases on Torts: With Abstracts of Lectures Upon Several Torts Charles Albert Keigwin Ամբողջությամբ դիտվող - 1920 |
Common terms and phrases
action for malicious action of trespass actual damage alleged amount appear arrest assault assumpsit authority breach of contract brought this action carrier cause of action character charge circumstances claim committed common carrier common law conduct consequence constable constitute conversion court crime criminal declaration defamatory defendant defendant's deliver duty entitled evidence facts false imprisonment felony ground guilty held horse imputation infra injury intention judge judgment jurisdiction jury justice justified King's Bench land liable libel LORD LORD ELLENBOROUGH loss magistrate maintain malicious prosecution matter ment moral negligence obligation officer opinion owner party peace person plaintiff plea possession present principle probable cause proceedings proof prove proximate cause punishment question Railroad reason recover refused result rule servant sheriff slander special damage sued sufficient suit sustained tiff tion tort trespass trial trover unlawful verdict violation want of probable warrant words writ wrongdoer wrongful act
Սիրված հատվածներ
Էջ 468 - Negligence Is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done.
Էջ 516 - 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.
Էջ 56 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Էջ 466 - In our opinion, res ipsa loquitur means that the facts of the occurrence warrant the inference of negligence, not that they compel such an inference ; that they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided by the jury, not that they forestall the verdict.
Էջ 516 - We think that the true rule of law is, that the person who for his own purposes brings on his lands 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.
Էջ 395 - ... a man who orders a work to be executed, from which, in the natural course of things, injurious consequences to his neighbor must be expected to arise, unless means are adopted by which such consequences may be prevented, is bound to see to the doing of that which is necessary to prevent the mischief, and cannot relieve himself of his responsibility by employing...
Էջ 496 - We therefore think that, as there is fraud, and damage the result or that fraud, not from an act remote and consequential, but one contemplated by the defendant at the time as one of Its results, the party guilty of the fraud Is responsible to the party injured.
Էջ 47 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another : therefore it contenteth itself with the immediate cause ; and judgeth of acts by that, without looking to any further degree.
Էջ 480 - ... 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.
Էջ 55 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?