 | Theodore Sedgwick - Damages - 1852 - 722 pages
...happiness."* The damages must be compensation and nothing more. The counter doctrine is thus stated ; " whenever the elements of fraud, malice, gross negligence,...or oppression mingle in the controversy, the law, instead of adhering to the system or even the language of compensation, adopts a wholly different rule.... | |
 | Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...the soundness of the general rule heiy stated ; and lays down the broad proposition that, "wherever the elements of fraud, malice, gross negligence, or oppression mingle in the controversy, the law, instead of adhering to the system, or even the language of compensation, adopts a wholly different... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1855 - 648 pages
...should be precisely commensurate with the injury; neither more nor less." But Mr. Sedgwick says, that "whenever the elements of fraud, malice, gross negligence...or oppression mingle in the controversy, the law, instead of adhering to the system or even the language of compensation, adopts a wholly different rule.... | |
 | William Wetmore Story - Contracts - 1856 - 848 pages
...the cases arc carefully analyzed. But see contra, Sedgwiek on Damages, p. 39, who says, " Wherever the elements of fraud, malice, gross negligence, or oppression mingle in the controversy, the law, instead of adhering to the system or even the language of compensation, adopts a wholly different rule.... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1863 - 622 pages
...GOUDY, for Appellee. The general rule is laid down by Sedgwick, in his able work on damages, to be that whenever " the elements of fraud, malice, gross negligence,...or oppression, mingle in the controversy, the law, instead of adhering to the system, or even the language of compensation, adopts a wholly different... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1862 - 754 pages
...correct; the rule being, that where the offense is not punished by the criminal law of the land, and where the elements of fraud, malice, gross negligence, or oppression, mingle in the controversy, the jury might give vindictive or exemplary damages. — Millison v. llocli, 227 10. Suit to recover the... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1868 - 658 pages
...question alone the jury should be restricted. Sedg. on Meas. of Dam., 609. While Mr. Sedgwick holds that whenever the elements of fraud, malice, gross negligence,...or oppression mingle in the controversy, the law, instead of adhering to the system or even the language of compensation, adopts a wholly different rule.... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1876 - 854 pages
...All that is said upon the subject is contained in this language of SARGENT, J. : "It is only where the elements of fraud, malice, gross negligence, or oppression mingle in the controversy, that exemplary damages are to be given." Taylor v. Tlte Grand Trunk Railway, 48 NH 303, AD 1869. This... | |
 | Law - 1880 - 920 pages
...punishment to the wrong-doer, and as an example to others.1 and marg. p. 466, note I), says: "Wherever the elements of fraud, malice, gross negligence, or oppression mingle in the controversy, the law, instead of adhering to the system, or even the language of compensation, adopts a wholly different... | |
 | Simon Greenleaf, Simon Greenleaf Croswell - Evidence (Law) - 1883 - 784 pages
...the general rule here stated; and lays down the broad proposition, that, "wherever the elements »f fraud, malice, gross negligence, or oppression mingle in the controversy, the law, instead of adhering to the system, or even the language of compensation, adopts a wholly different... | |
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Sedgwick that this definition is too limited, and that, "wherever the elements of fraud, malice, gross negligence, or oppression mingle in the controversy, the law, Instead of adhering to the system or even the language of compensation, adopts a wholly... 
