The Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law : to which is Added the Draft of a Code of Civil Wrongs Prepared for the Government of India
Stevens and Sons, 1892 - Broj stranica: 624
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accident actual alleged answerable appears apply assault assumpsit authority Barrister-at-Law Bigelow L. C. Blackburn bound Bramwell carriage cause of action civil common law consequence contributory negligence Court criminal danger decision defendant defendant's Demy 8vo detinue distinction doctrine duty Edition employer English English law entitled evidence ex delicto excuse exercise F. W. Maitland fact fraud gence ground harm held horse House of Lords injury intended judge judgment judicial jurisdiction jury justice justified kind L. J. Ch L. J. Ex land law of torts Lex Aquilia liable libel licence Lord malicious matter ment modern negligence neighbour nuisance officer opinion ordinary owner party person plaintiff possession principle purpose Q. B. Div question railway reasonable regard remedy right of action risk rule seems servant statement statute sued things tion tort trespass trover Ulpian Vict wilful writ wrong wrong-doer
Stranica 380 - 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.
Stranica 62 - ... whensoever 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...
Stranica 26 - 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.
Stranica 380 - 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.
Stranica 463 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Stranica 346 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Stranica 296 - King defendeth that none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law. and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner.
Stranica 358 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Stranica 463 - ... by one of Her Majesty's principal secretaries of state, or by the board of trade or any other department of the government, under or by virtue of any act of Parliament, it shall not be deemed, for the purposes of this act to be an improper or defective rule or by-law.
Stranica 101 - The principle to be deduced from all these cases is that, as a consequence of the absolute independence of every sovereign authority, and of the international comity which induces every sovereign State to respect the independence and dignity of every other sovereign State, each and every one declines to exercise by means of its courts any of its territorial jurisdiction over the person of any sovereign or ambassador of any other State, or over the public property of any State which is destined to...