Leading Cases on the Law of Torts Determined by the Courts of America and England: With NotesLittle, Brown,, 1875 - 754 pages |
From inside the book
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Page 22
... supra . The report runs thus : Counsel for the defendant . " There is no pretence , upon the evidence , for 66 saying that the defendant wilfully mis- represented his authority . " JERVIS , C. J. " The defendant is clearly liable for ...
... supra . The report runs thus : Counsel for the defendant . " There is no pretence , upon the evidence , for 66 saying that the defendant wilfully mis- represented his authority . " JERVIS , C. J. " The defendant is clearly liable for ...
Page 24
... supra , of trust and confidence reposed in the agent , was adopted . Hunt's connec- tion with the case does not ... supra ; and had it not been for the ruling that the defendant in Jeffrey v . Bigelow , supra , was liable for the loss of ...
... supra , of trust and confidence reposed in the agent , was adopted . Hunt's connec- tion with the case does not ... supra ; and had it not been for the ruling that the defendant in Jeffrey v . Bigelow , supra , was liable for the loss of ...
Page 25
... supra . Mr. Justice Nelson , in Sandford v . Handy , after quoting the language of Lord Holt , says that the agent is " held out as fit to be trusted , and his fidelity and good conduct in the matter thereby recommended . At- torney ...
... supra . Mr. Justice Nelson , in Sandford v . Handy , after quoting the language of Lord Holt , says that the agent is " held out as fit to be trusted , and his fidelity and good conduct in the matter thereby recommended . At- torney ...
Page 27
... supra ; Duranty's Case , 26 Beav . 268. ) And this would doubtless be true , though the vendor of the shares were also guilty of fraudulent represen- tations , unless the vendee had repudi- ated and rescinded the sale . Ibid . The ...
... supra ; Duranty's Case , 26 Beav . 268. ) And this would doubtless be true , though the vendor of the shares were also guilty of fraudulent represen- tations , unless the vendee had repudi- ated and rescinded the sale . Ibid . The ...
Page 32
... supra , where , to an ob- jection that an action for money had and received might lie in such cases , the court say , that , granting that , the question to be tried would be in sub- stance the same , and add , what perhaps has been the ...
... supra , where , to an ob- jection that an action for money had and received might lie in such cases , the court say , that , granting that , the question to be tried would be in sub- stance the same , and add , what perhaps has been the ...
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Leading Cases on the Law of Torts Determined by the Courts of America and ... Melville Madison Bigelow No preview available - 2018 |
Common terms and phrases
aforesaid alleged appears arrest assault authority bailment Bracton breach charge chattel cited committed common common law complained conspiracy contract counsel count court declaration defendant defendant's demurrer detinue doctrine duty employed entitled evidence facie fact false felony fendant fraud ground guilty held horse imprisonment imputation indictment injury judgment jurisdiction jury Justice justified land learned judge liable libel Lord Lord Ellenborough magistrate maintain an action malice malicious prosecution means ment necessary negligence nisi prius nonsuit nuisance offence opinion owner party pawnee plain plaintiff plaintiff in error plea pleaded possession premises principle privileged probable cause proceedings procured proof proprietor prosecution prove question reason recover right of action rule slander slander and libel slander of title Smith special damage spoken statute supra sustained tained tenant third person tiff tion trespass trial trover verdict want of probable warrant Wend words writ wrong
Popular passages
Page 596 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 493 - ... naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority,...
Page 724 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary' and common care and caution, that, but for such negligence, or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 695 - The master, in the case supposed, is not exempt from liability, because the servant has better means of providing for his safety, when he is employed in immediate connection with those from whose negligence he might suffer ; but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself...
Page 30 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 486 - ... a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril, and that, if it does mischief, negligence is presumed without express averment.
Page 493 - ... it seems but reasonable and just that the neighbour 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...
Page 198 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 171 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 683 - And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know...