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, Том 3

Предња корица
Bancroft-Whitney Company, 1890

Из књиге

Садржај

Right not enlarged by statuteNo action if deceased could not have sued
1727
Damages Measure
1729
Where deceased a minor
1733
EvidenceIn general
1735
In mitigation
1736
Pleading
1737
Contract and tort Waiving contract and suing in tort
1738
Waiving tort and suing in contract 1028 Proximate and remote cause In general
1740
CONSPIRACY
1783
CHAPTER L
1785
Evidence
1797
Pleading
1798
ASSAULT AND BATTERY
1801
CHAPTER LI
1803
Consent 1055 Defense of person
1809
Defense of property
1812
Preventing breach of peace
1816
In domestic relations 1059 Innkeepers Common Carriers Meetings etc 1060 Damages Measure
1817
Aggravation
1818
Mitigation
1820
Evidence
1822
FALSE ARREST AND IMPRIS ONMENT
1823
CHAPTER LII
1825
Damages
1845
Evidence 1079 Pleading
1846
MALICIOUS PROSECUTION
1849
CHAPTER LIII
1851
CHAPTER LIV
1859
CHAPTER LV
1893
Law and fact
1904
Evidence
1907
Damages
1910
WRONGS IN DOMESTIC RE LATIONS
1913
CHAPTER LVI
1915
Damages
1919
Evidence 1109 Interference with parental rights In general
1920
Seduction defined Elements
1921
Seduction alone not actionable
1922
Rights of action by woman seduced 1113 By father
1926
By mother
1929
By others 1116 Where woman is of
1931
Statutory remedy 1118 Defenses
1932
Damages Measure
1933
EvidenceIn general
1934
In aggravation
1935
In mitigation
1936
Pleading
1937
1125
1939
NEGLIGENCE
1973
1147 Blasting rocks
1989
Railroad stationsVesselsWharvesTollbridges 1154 Injuries to third persons from defective condition of leased property When lessor and when lessee ...
1992
CHAPTER LX
2038
Other cases
2295
CHAPTER LXVII
2297
Statements to officers of the law and public authorities
2327
Common interest
2331
Selfdefense
2339
Reports of judicial proceedings
2345
Legislative proceedings
2349
Other reports No privilege 1301 Malice Proof
2350
CHAPTER LXVIII
2356
Pleading
2371
Who may
2375
Law and fact
2376
PROPERTY RIGHTS AND REMEDIES
2379
PERSONAL PROPERTY IN GENERAL
2381
CHAPTER LXIX
2383
CHAPTER LXX
2429
1345
2439
Minerals
2441
Manure
2442
Salaries and pensions 1349 Ships and vessels 1350 Vegetables fruits
2443
Money and evidences of indebtedness Papers
2444
CHAPTER LXXI
2446
Contributory negligence
2463
Statutory liability
2465
ANIMALS
2469
CHAPTER LXXII
2471
CHAPTER LXXIII
2478
CHAPTER LXXIV
2491
Proof of scienter
2504
Liability enlarged by statute
2505
Contributory negligence Children
2506
TrespassersWatchdogs
2509
Negligence in driving securing or using animals
2510
Liability for trespasses of animals
2512
Driving cattle on highway
2517
Keeping diseased animals
2518
Selling diseased animals
2519
CHAPTER LXXV
2521
As to permitting cattle to run at large
2536
What kinds of injuries to cattle are within statute
2538
Injuries to railroad 1415 Law and fact
2539
Pleading
2540
Burden of proof Evidence of negligence
2541
Measure of damages
2542
SHIPS AND SHIPPING
2547
The admiralty jurisdiction
2573
Action for taking or detaining animal 1373 Action for killing or injuring animal 1374 Defenses Killing ferocious animal 1375 Killing animal in de...
iii
Killing animal which is a nuisance 1377 Killing animal in defense of property 1378 Statutory authority for killing dogs or other animals 1379 Killi...
iv
Intervening causes 1030 Not liable for remote or unexpected damage 1031 In case of fires
xiv
Law and fact
xv
Remedies by act of party Abatement of nuisance 1034 Selfdefense 1035 Remedies by act of partyRecaption or reprisal 1036 Entry on lands to repo...
xvi

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Страница 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...
Страница 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.
Страница 1844 - 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.
Страница 1980 - 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...
Страница 2108 - 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.
Страница 2133 - 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.
Страница 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.
Страница 1923 - 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...
Страница 2133 - 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...
Страница 1920 - 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...

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