Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Causes; with a Digest of Illustrative Cases, Volume 3Bancroft-Whitney Company, 1890 |
Table des matières
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Autres éditions - Tout afficher
Rights, Remedies, and Practice, at Law, in Equity, and Under the ..., Volume 5 John Davison Lawson Aucun aperçu disponible - 2015 |
Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A ... John Davison Lawson Aucun aperçu disponible - 2013 |
Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A ... John Davison Lawson Aucun aperçu disponible - 2015 |
Expressions et termes fréquents
alleged Allen animals arrest assault Barb Blackf Brown cattle cause of action charge Chicago child committed common law Conn conspiracy contributory negligence Cooley on Torts court saying crossing Cush danger death defendant defendant's donatio mortis causa duty entitled evidence fact false false imprisonment fence fendant fire Fost gift gift causa mortis Gray guilty Held highway horse husband impute injury intoxicated Iowa Jeffersonville Jones judgment jury killed land liable liquor malicious prosecution Mass matter Minn mitigation of damages nuisance Odgers on Libel officer Ohio St owner party Pennsylvania R. R. person plaintiff premises privileged probable cause proof proved railroad company reason right of action servant sidewalk Smith statute street Strob suit sustained tenant tiff tion track train trespass unlawful verdict vessel Wend wife words wrong wrong-doer
Fréquemment cités
Page 2312 - 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 2551 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Page 1844 - 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 1980 - 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 ; and that, where there is evidence of neglect, the question whether such reasonable care has been taken, by notice, lighting, guarding or otherwise, and whether there was contributory negligence in the sufferer, must...
Page 2108 - The most blamable carelessness of his servant having tempted the child, he ought not to reproach the child with yielding to that temptation. He has been the real and only cause of the mischief. He has been deficient in ordinary care: the child, acting without prudence, or thought, has, however, shown these qualities in as great a degree as he could be expected to possess them. His misconduct bears no proportion to that of the defendant which produced it.
Page 2133 - It is assumed that twelve men know more of the common affairs of life than does one man, that they can draw wiser and safer conclusions from admitted facts thus occurring than can a single judge.
Page 2339 - Mental pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone ; though where a material damage occurs, and is connected with it, it is impossible a jury, in estimating it, should altogether overlook the feelings of the party interested.
Page 1923 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated .person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person or persons...
Page 2133 - Upon the facts proven in such cases, it is a matter of judgment and discretion, of sound inference, what is the deduction to be drawn from the undisputed facts. Certain facts we may suppose to be clearly established, from which one sensible, impartial man would infer that proper care had not been used, and that negligence existed ; another man equally sensible and equally impartial...
Page 1920 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default, is such as would (if death had not ensued,) have entitled the party injured to maintain an action and recover damages, in respect thereof...