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action agency agent answer assumpsit believe Beseler Bract Bracton called Chancery Chief Justice cited command Common Law contract course courts covenant debt defendant defendant's doctrine doubt early early German law Eliz England English English law evidence executor express fact feoffee feoffment fiction of identity give Glanv ground harm Harvard Law Review ideals important judge judgment jury later law school lawyers liability logical malice Mass master and servant means ment mind Montesquieu moral nature negligence notion patria potestas person plaintiff possession practical principles privilege question question of privilege ratification reason referred Rolls Roman law rule Salian Franks seems sense simply statute temporal damage testator theory things thought tion torts trespass true undisclosed principal universe unlawful words wrong
Page 79 - of his master, yet the master shall be liable to an action for damages done to another by the fire; for it shall be intended, that the servant had authority from his master, it being for his master's benefit." This is the first of a series of cases decided by Lord Holt
Page 132 - upon itself of organized society knowingly seeking to determine its own destinies. To sum up this part of the discussion, when a responsible defendant seeks to escape from liability for an act which he had noticed was likely to cause temporal damage to another, and which has caused such damage in fact, he must show a justification.
Page 78 - Lord Holt, after beginning according to the Roman law that "if my servant throws dirt into the highway I am indictable," continues, "So in this case, if the defendant's servant kindled the fire in the way of husbandry and proper for his employment, though he had no express
Page 153 - but it adds that in many respects and for many purposes third persons are entitled to consider them absolute owners. Toward the end of the last century their fiduciary position began to be insisted on more than had been the case, and the common-law decisions which have been cited helped this tendency of the Chancery.
Page 267 - France, England, and Germany have written before me, I have been lost in admiration, but I have not lost my courage. 'And I too am a painter,' I have said with Correggio." JOHN MARSHALL * IN ANSWER TO A MOTION THAT THE COURT ADJOURN, ON FEBRUARY 4,
Page 27 - that he resolves, adds a new feature to the unfolding panorama of man's destiny upon this earth. Nor will his task be done until, by the farthest stretch of human imagination, he has seen as with his eyes the birth and growth of society,
Page 45 - good old days, but which now, after fifteen years, bid fair to revolutionize the teaching both of this country and of England. I pause for a moment to say what I hope it is scarcely necessary for me to say — that in thus giving in my adhesion to the present methods of
Page 316 - a duty or the assertion of a preexisting right. A dog will fight for his bone. The most fundamental of the supposed preexisting rights — the right to life — is sacrificed without a scruple not only
Page 77 - Lord Holt expressed the same thought: "What is done by the deputy is done by the principal, and it is the act of the principal," or, as it is put in the margin of the report, "Act of deputy may forfeit office of principal, because it is quasi his act.