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Popular Law Library, Putney ...: Equity Jurisprudence. Trusts. Equity Pleading
Albert Hutchinson Putney
Приказ није доступан - 2015
action actual amount animals arise assault authority breach carried cause CHAPTER character charge child circumstances civil classes committed common law Conn consent consequences considered constitute contract court cruelty damages death decision defendant definitions direct doctrine dower drunkenness duty effect element enter evidence existing fact false felony follows force fraud given ground guardian held holding husband imprisonment infant injury intention Iowa jury known land liable libel loss maintain malicious malicious prosecution marriage married Mass natural necessary negligence nuisance ordinary original owner Page parent party person physical incapacity plaintiff possession present principle probable cause proceeding proof proved question reasonable recover relation render representations result rule SECTION Smith statement statute sufficient suit tion tort trespass unlawful valid waste wife wrong
Страница 206 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Страница 205 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made...
Страница 187 - Act to recover damages for personal injuries to an employee or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Страница 174 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Страница 130 - That the complaint does not state sufficient facts to constitute a cause of action against the defendants herein. Second : That the complaint joins several causes of action in one complaint and is uncertain and ambiguous.
Страница 260 - The duty of parents to provide for the maintenance of their children, is a principle of natural law ; an obligation, says Puffendorf, laid on them not only by nature herself, but by their own proper act, in bringing them into the world : for they would be in the highest manner injurious to their issue, if they only gave their children life that they might afterwards see them perish.
Страница 174 - 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.
Страница 187 - If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant's negligence, he is not entitled to recover. But in other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.
Страница 187 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.