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accident actual alleged amount answerable appears applied assault assumpsit authority Bigelow L. C. Blackburn bound Bramwell breach of contract carriage cause of action caution civil common law consequence contributory negligence course Court criminal danger decision default defendant defendant's detinue diligence distinct doctrine doubt duty employer English entitled evidence of negligence ex delicto excuse exercise fact fire fraud gence ground harm held highway horse House of Lords injury judgment judicial jury justified kind L. J. Ch L. J. Ex land lawfully liable libel licence Lord Cairns matter ment modern natural neighbour nuisance obstruction occupier opinion ordinary party passenger plaintiff possession principle proof prove purpose Q. B. Div question railway company reasonable regard remedy right of action risk rule seems servant Smith statement statute suffered tenant things third person tion tort trespass trover true owner Vict words writ wrong wrong-doer
Page 64 - ... whensoever 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...
Page 525 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Page 440 - 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.
Page 440 - 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.
Page 401 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Page 279 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 343 - King defendeth that none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law. and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner.
Page 144 - Denique Marcellus scribit, Cum eo, qui in suo fodiens, vicini fontem avertit, nihil posse agi: nee de dolo actionem, et sane non debet habere; si non animo vicini nocendi, sed suum agrum meliorem faciendi, id fecit.
Page 36 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.