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" But we think the real answer to the objection is, that no wrong-doer can be allowed to apportion or qualify his own wrong; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful... "
Reports of Cases Argued and Determined in the Court of Common Pleas, and ... - Σελίδα 724
των Great Britain. Court of Common Pleas, Peregrine Bingham - 1830
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Reports of Cases Argued and Determined in the Courts of Common ..., Τόμος 4

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 948 σελίδες
...his wrongful act, he cannot set up as an answer to the action, the bare possibility of a loss if such wrongful act had never been done. It might admit of...relies on the authority of the case of Max v. Roberts (a). The first ground of objection upon which the judgment for the defendant in that case was affirmed,...

Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - 1840 - 686 σελίδες
...his wrongful act had never been done. It might admit of a different construction, if he could show, not only that the same loss might have happened, but...is no evidence to that extent in the present case." In the English edition the same passage occurs in p. 722 to 724. hirer amounts to a technical or an...

A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - 1846 - 1088 σελίδες
...loss if his wrongful act had never been done. It admits of a different construction, if he could show, not only that the same loss might have happened, but...happened if the act complained of had not been done." If a particular route be prescribed by charter-party, the master must pursue it ; (I) if the ship be...

A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1849 - 808 σελίδες
...his wrongful act had never been done. It might admit of a different construction, if he could show, not only that the same loss might have happened, but...happened, if the act complained of had not been done." $ 207. In Bell v. Reed, in Pennsylvania,1 Mr. J. Brackenridge seems to have held at the trial, that...

A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1851 - 836 σελίδες
...his wrongful act had never been done. It might admit of a different construction, if he could show, not only that the same loss might have happened, but...happened, if the act complained of had not been done." § 207. In Bell v. Reed, in Pennsylvania,1 Mr. J. Brackenridge seems to have held at the trial, that...

A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - 1852 - 722 σελίδες
...done. It might admit of a different construction if he could show, not only that the same loss migJvt have happened, but that it must have happened, if...is no evidence to that extent in the present case." And this reasoning is adopted by Mr. Justice Story in his work on Agency.* In Pennsylvania, where a...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 175

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1914 - 828 σελίδες
...cause was put in operation by his own wrongful act. To entitle such party to exemption he must show not only that the same loss might have happened, but...happened if the act complained of had not been done" — citing Davis v. Garrett, 6 Bing. 716. Counsel for defendant suggest that the situation is ruled...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 93

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1893 - 800 σελίδες
...cause was put in operation by his own wrongful act. To entitle such party to exemption, he must show, not only that the same loss might have happened, but...happened if the act complained of had not been done." Citing Davis v. Oarrett, 6 Bing. 716. In the present case, while the passenger train was not put in...

Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - 1856 - 728 σελίδες
...henceforth the proprietor of th'e thing ; and the letter has no longer any title to it. So the pened, but that it must have happened if the act complained...no evidence to that extent in the. present case." In the English edition the same passage occurs in p. 722 to 724. . • 1 See Ante, § 122, 188, 232,...

A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - 1856 - 996 σελίδες
...loss if his wrongful act had never been done. It admits of a different construction, if he could show, not only that the same loss might have happened, but...happened if the act complained of had not been done." If a particular route be prescribed by charter-party, the master must pursue it — if the ship be...




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