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
Results 1-5 of 86
Page x
... Malice in Law . Hastings v . Lusk , leading case . Bromage v . Prosser , leading case Toogood v . Spyring , leading case . De Crespigny v . Wellesley , leading case Note on Malice in Fact . Privileged Communications . Absolute privilege ...
... Malice in Law . Hastings v . Lusk , leading case . Bromage v . Prosser , leading case Toogood v . Spyring , leading case . De Crespigny v . Wellesley , leading case Note on Malice in Fact . Privileged Communications . Absolute privilege ...
Page 10
... malice to be the greater . But it was objected to this declaration that , if there were any fraud , the nature of it is not stated . To this the dec- laration itself is so direct an answer , that the case admits of no other . The fraud ...
... malice to be the greater . But it was objected to this declaration that , if there were any fraud , the nature of it is not stated . To this the dec- laration itself is so direct an answer , that the case admits of no other . The fraud ...
Page 11
... malice . No action can be maintained against him for giv- ing such an answer , unless express malice can be proved . From the circumstance of the law giving that protection , it seems to follow , as a necessary consequence , that the ...
... malice . No action can be maintained against him for giv- ing such an answer , unless express malice can be proved . From the circumstance of the law giving that protection , it seems to follow , as a necessary consequence , that the ...
Page 13
... malice is more diabolical if he had not the temptation of gain . For the same reason , it cannot be necessary that the defendant should collude with one who has an interest . But if collusion were necessary , there seems all the reason ...
... malice is more diabolical if he had not the temptation of gain . For the same reason , it cannot be necessary that the defendant should collude with one who has an interest . But if collusion were necessary , there seems all the reason ...
Page 49
... malice , express or implied , must appear ; while in Hartley v . Herring , 8 T. R. 130 , in an action for consequential damage from slander , imputing incon- tinence to the plaintiff , it was held enough to state that he was employed to ...
... malice , express or implied , must appear ; while in Hartley v . Herring , 8 T. R. 130 , in an action for consequential damage from slander , imputing incon- tinence to the plaintiff , it was held enough to state that he was employed to ...
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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
action for slander aforesaid alleged appears arrest assault authority bailment Bracton charge chattel cited committed common common law complained conspiracy constable contract counsel count court deceit declaration defendant defendant's demurrer detinue doctrine entitled evidence facie fact false false imprisonment felony fendant fraud ground guilty held imprisonment imputation indictment injury judgment jurisdiction jury Justice justified land learned judge liable libel Lord magistrate maintain an action malice malicious prosecution matter means ment necessary negligence nisi prius nuisance offence officer opinion owner party pawnee plain plaintiff plaintiff in error plea pleaded possession principle privileged probable cause proceedings procured proof prosecution proved question reasonable recover Revere House right of action rule servant sheriff slander and libel slander of title 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 594 - 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 491 - ... 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 673 - This rule,' he said,' is obviously founded on the great principle of social duty, that every man in the management of his own affairs, whether by himself or by his agents or servants, shall so conduct them as not to injure another; and if he does not, and another thereby sustains damage, he shall answer for it...
Page 491 - ... 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, but...
Page 147 - ... the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 94 - CJ on this day delivered the opinion of the Court. This is a Writ of error, brought to reverse a judgment of the Court of King's Bench, in which there was no argument.
Page 196 - 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 169 - 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 criminating matter which, without this privilege, would be slanderous and actionable...
Page 665 - 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...
Page 535 - ... with leave to move to enter a verdict for the defendant if the court should be of opinion that, under these circumstances, the action was not maintainable.