Cases on the Law of TortsLyman P. Wilson |
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Page 24
Lyman P. Wilson. actual or imputed , is a necessary ingredient , like libel , slander , and malicious prosecution . In all other torts , intention is not an ingredient , and the actor is responsible , although he acted with a good and ...
Lyman P. Wilson. actual or imputed , is a necessary ingredient , like libel , slander , and malicious prosecution . In all other torts , intention is not an ingredient , and the actor is responsible , although he acted with a good and ...
Page 27
... can a non compos be responsible in such cases ; such , for instance , as a malicious prosecution or libel ? Legal malice certainly 66 cannot be imputed to one who in law is incompetent PERSONS RESPONSIBLE - MENTAL INCOMPETENTS 27.
... can a non compos be responsible in such cases ; such , for instance , as a malicious prosecution or libel ? Legal malice certainly 66 cannot be imputed to one who in law is incompetent PERSONS RESPONSIBLE - MENTAL INCOMPETENTS 27.
Page 28
... libel . And this doctrine may be deemed to be sufficiently , though not very firmly , established . ' Bishop , Noncontract Law , § 506. " Inasmuch as malice , actual or implied , is an element of slander , a person is not liable in ...
... libel . And this doctrine may be deemed to be sufficiently , though not very firmly , established . ' Bishop , Noncontract Law , § 506. " Inasmuch as malice , actual or implied , is an element of slander , a person is not liable in ...
Page 99
... libel to him . Yet he did not prevent his escaping in another direction . It is said that , if any damage arises from such obstruction , a special action on the case may be brought . Must I then sue out a new writ stating that the ...
... libel to him . Yet he did not prevent his escaping in another direction . It is said that , if any damage arises from such obstruction , a special action on the case may be brought . Must I then sue out a new writ stating that the ...
Page 233
... libel , as suggested in some of the cases cited in behalf of the defendant , we think is not serious . So long as there remains to the parties domestic tranquility , while a remnant is left of that affection and respect with- out which ...
... libel , as suggested in some of the cases cited in behalf of the defendant , we think is not serious . So long as there remains to the parties domestic tranquility , while a remnant is left of that affection and respect with- out which ...
Common terms and phrases
accident action of trespass affirmed agent alleged Annotated appears appellant appellee arises assault and battery assumpsit authority bailment breach cause of action charge chattel child circumstances cited claimed committed common law complained conduct consent consequences constitute contract contributory negligence conversion court danger defendant defendant's direction doctrine enter entitled evidence exercise fact fault fendant fire force given ground guilty held highway horse husband imprisonment infant inflicted injury intention intestate judge judgment jury Justice justify land Last Clear Chance liable license Lord Mass matter Minn nature necessary negligent act omission opinion ordinary owner party person plaintiff plaintiff in error possession premises present principle proper proximate cause purpose question Railroad reason refused remedy remove res ipsa loquitur responsible result rule servant statute street supra sustained tiff tion tort trial trover unlawful verdict wife wrongful act
Popular passages
Page 605 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Page 366 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events so linked together as to make a natural whole, or was there some new and independent cause Intervening between the wrong and the Injury?
Page 328 - 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 402 - It is admitted that the rule is difficult of application. But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 294 - The rule of 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.
Page 255 - That the defendant converted to his own use, or wrongfully deprived the plaintiff of the use and possession of the plaintiff's goods ; that is to say, iron, hops, household furniture [or as the case may be].
Page 450 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 292 - The proposition which these recognized cases suggest, and which is. therefore, to be deduced from them, is that, whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 476 - I believe quite correctly, that " the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover ; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 362 - The true rule is that what Is the proximate cause of an Injury Is ordinarily a question for the jury. It Is not a question of science or of legal knowledge. It Is to be determined as a fact, In view of the circumstances of fact attending It...