A Selection of Cases on the Law of Torts, Volume 2J. Wilson and Son, 1909 - 767 pagina's |
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Overige edities - Alles bekijken
A Selection of Cases on the Law of Torts, Volume 2 James Barr Ames,Jeremiah Smith Volledige weergave - 1893 |
A Selection of Cases on the Law of Torts, Volume 2 James Barr Ames,Jeremiah Smith Volledige weergave - 1893 |
Veelvoorkomende woorden en zinsdelen
accident affirmed alleged animal appears appellee applied Arguments omitted authority bailee bailment bound breach cattle cause of action charge child circumstances cited collision common law complained condition consequence contract contributory negligence Court Court of Exchequer danger deceased declaration defendant defendant's degree demurrer diligence doctrine driver duty engine error escape evidence exercise fact false fault fence fendant fire fraud gence gross negligence ground held highway horse infant injury invitation judgment land learned judge liable license Lord Mass natural nonsuit obligation occasioned omission opinion ordinary owner party passenger peril person plaintiff plaintiff in error premises present principle proximate cause prudence question railroad company railway company reason recover damages recovery representation reservoir result road rule scienter servants South Yorkshire Railway Statement abridged statute street supra sustained tiff tion tort track train trespass trial verdict vis major wilful wrong
Populaire passages
Pagina 471 - We think that the true rule of law is, that the person who, for his own purposes, brings on his land 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.
Pagina 540 - Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself.
Pagina 254 - That in all actions hereafter brought against any common carriers to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions...
Pagina 261 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Pagina 283 - W. 546): that the contributory negligence of the party Injured will not defeat the action if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the Injured party's negligence.
Pagina 633 - ... distinct cases, I think the third is but an instance of the second, for one who makes a statement under such circumstances can have no real belief in the truth of what he states. To prevent a false statement being fraudulent, there must, I think, always be an honest belief in its truth. And this probably covers the whole ground, for one who knowingly alleges that which is false, has obviously no such honest belief. Thirdly, if fraud be proved, the motive of the person guilty of it is immaterial.
Pagina 633 - First, in order to sustain an action of deceit, there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.
Pagina 475 - ... 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...
Pagina 667 - The measure of damages was not the difference between the contract price and the reasonable market value if the property had been as represented to be, even if the stock had been worth the price paid for it; nor, if the stock were worthless, could the plaintiff have recovered the value it would have had if the property had been equal to the representations. What the plaintiff might have gained is not the question, but what he had lost by being deceived...
Pagina 558 - But the conclusion to be drawn from an examination of all the authorities appears to us to be this : that 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. The precedents as well as the authorities fully warrant this conclusion. The negligence is in keeping such an animal after notice.