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Cases on Torts: Selected and Arranged for the Use of Law Students in ...
Francis Marion Burdick
No preview available - 2017
affirmed alleged Allen appears applied Armstrong county arrest assault authority averment cause of action charge Circuit Court circumstances cited claim Clarion county Collins committed common law complaint consequence contract court of equity criminal decided decision declaration defendant defendant's demurrer doctrine duty entitled evidence execution facts false imprisonment ground guilty held highway horse impute indictment injury intent judge judgment judicial jurisdiction jury justice justified land liable libel Lord malicious malicious prosecution Mass matter ment natural necessary negligence neighbor nonsuit nuisance obstructions offence officer opinion owner party person plain plaintiff in error plea principle proof prosecution punishment question railroad company reason recover damages refused remedy rendered rule says servant slander Smith special damage statute sued sufficient suit supra Supreme Court surface stream sustained tiff tion tort trespass trial trover unlawful verdict Wend words wrong wrong-doer
Page 110 - We think that the true rule of law is, that the person who, for his own purposes, brings on his lands 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 171 - All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
Page 285 - The value of the property at the time of the conversion, with the interest from that time, or. an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and Second — A fair compensation for the time and money properly expended in pursuit of the property.
Page 38 - ... and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Page 36 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
Page 241 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought.
Page 204 - In case the charge, if true, will subject the party charged to an indictment for a crime involving moral turpitude, or subject him to an infamous punishment, then the words will be in themselves actionable...
Page 37 - We do not say that even the natural and probable consequences of a wrongful act or omission are in all cases to be charged to the misfeasance or nonfeasance. They are not when there is a sufficient and independent cause operating between the wrong and the injury. In such a case the resort of the sufferer must be to the originator of the intermediate cause.
Page 156 - On the other hand, the weight of authority, in this country as well as in England, favors the doctrine that, where the trespass is the result of inadvertence or mistake, and the wrong was not intentional, the value of the property when first taken must govern, or if the conversion sued for was after value had been added to it by the work of the defendant, he should be credited with this addition.