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Cases on Torts: With Abstracts of Lectures Upon Several Torts
Charles Albert Keigwin
Πλήρης προβολή - 1915
action actual alleged amount appear arrest assault authority believe breach brought carried character charge circumstances claim committed common conduct consequence considered constable constitute contract conversion course court damage defendant defendant's delivered direct duty effect entitled established evidence exist express fact false give given ground guilty held hold imprisonment imputation infra injury intention issued judge judgment jury justice justified land liable LORD loss maintain malicious malicious prosecution matter means moral nature necessary negligence obligation officer opinion owner party peace person plaintiff possession present principle probable cause proceedings proof prove question Railroad reason recover refused regard relation respect responsible result rule servant slander statement street sufficient suit sustained taken term tion tort trespass trial true unless verdict violation warrant writ wrongful wrongful act
Σελίδα 462 - Negligence Is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done.
Σελίδα 510 - He can excuse himself by showing that the escape was owing to the plaintiff's default, or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Σελίδα 50 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Σελίδα 460 - In our opinion, res ipsa loquitur means that the facts of the occurrence warrant the inference of negligence, not that they compel such an inference ; that they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided by the jury, not that they forestall the verdict.
Σελίδα 510 - 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.
Σελίδα 389 - ... a man who orders a work to be executed, from which, in the natural course of things, injurious consequences to his neighbor must be expected to arise, unless means are adopted by which such consequences may be prevented, is bound to see to the doing of that which is necessary to prevent the mischief, and cannot relieve himself of his responsibility by employing...
Σελίδα 490 - We therefore think that, as there is fraud, and damage the result or that fraud, not from an act remote and consequential, but one contemplated by the defendant at the time as one of Its results, the party guilty of the fraud Is responsible to the party injured.
Σελίδα 41 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another : therefore it contenteth itself with the immediate cause ; and judgeth of acts by that, without looking to any further degree.
Σελίδα 474 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Σελίδα 49 - 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?