Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Causes, with a Digest of Illustrative Cases
Bancroft-Whitney Company, 1890
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action alleged Allen animals arrest assault authority Barb brought Brown building cause character charge Chicago child circumstances committed common Conn consequence court crossing damages danger death defendant defendant's duty entitled evidence fact false fence fire gift give given ground guilty Held highway horse husband ILLUSTRATIONS injury Iowa Johns Jones judgment jury keep killed land liable libel liquor loss maintain malicious Mass matter means Minn nature necessary negligence officer Ohio owner party passing person plaintiff possession premises prevent privileged probable proof prosecution proved published question R. R. Co railroad reason received recover result road rule servant slander Smith statute street sufficient suit sustained tion Torts track train traveler trespass vessel Wend wife wrong
Σελίδα 2312 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Σελίδα 2551 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Σελίδα 1846 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Σελίδα 1982 - And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know ; and that, where there is evidence of neglect, the question whether such reasonable care has been taken, by notice, lighting, guarding or otherwise, and whether there was contributory negligence in the sufferer, must...
Σελίδα 2110 - The most blamable carelessness of his servant having tempted the child, he ought not to reproach the child with yielding to that temptation. He has been the real and only cause of the mischief. He has been deficient in ordinary care: the child, acting without prudence, or thought, has, however, shown these qualities in as great a degree as he could be expected to possess them. His misconduct bears no proportion to that of the defendant which produced it.
Σελίδα 2135 - It is assumed that twelve men know more of the common affairs of life than does one man, that they can draw wiser and safer conclusions from admitted facts thus occurring than can a single judge.
Σελίδα 2339 - Mental pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone ; though where a material damage occurs, and is connected with it, it is impossible a jury, in estimating it, should altogether overlook the feelings of the party interested.
Σελίδα 1925 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated .person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person or persons...
Σελίδα 2135 - Upon the facts proven in such cases, it is a matter of judgment and discretion, of sound inference, what is the deduction to be drawn from the undisputed facts. Certain facts we may suppose to be clearly established, from which one sensible, impartial man would infer that proper care had not been used, and that negligence existed ; another man equally sensible and equally impartial...
Σελίδα 1922 - Whenever 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...