The Doctrine of Damnum Absque Injuria: Considered in Its Relation to the Law of Torts |
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Other editions - View all
The Doctrine of Damnum Absque Injuria: Considered in Its Relation to the Law ... Edward P. Weeks No preview available - 2015 |
The Doctrine of Damnum Absque Injuria: Considered in Its Relation to the Law ... Edward P. Weeks No preview available - 2018 |
The Doctrine of Damnum Absque Injuriâ Considered in Its Relation to the Law ... Edward P. Weeks No preview available - 2018 |
Common terms and phrases
action adjoining Allen assault authority Barb Barn Bing Brown cause certificates coal common law Company Conn contributory negligence corporation court Court of Exchequer Cush damage damnum absque injuria defendant defendant's doctrine drain duty easement Eliz enjoyment entitled Exch exercise fendant Grand Junction Canal grant Gray ground H. L. Cas held Hurl injury Iowa Johns Jones judge judgment judicial jury justice land liable Lord Lord Ellenborough loss malicious prosecution maliciously Mass master Mees mill minerals mining Minn natural negligence neighbor nuisance officer Ohio Ohio St owner party percolating person Pick plaintiff premises prevent principle privileged proprietor purposes railroad Raym reason recover river river Wandle rule servant slander slander and libel Smith soil spring statute stream Strob subterranean surface sustained tion tort trespass underground water flowing water-course Wend Wilson words wrong
Popular passages
Page 259 - The general rule resulting from considerations as well of justice as of policy is that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and, in legal presumption, the compensation is adjusted accordingly.
Page 78 - 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...
Page 187 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure; and that if, in the exercise of such right, he intercepts or drains off the water collected from underground springs in his neighbour's well, this inconvenience to his neighbour falls within the description of damnum absque injuria, which cannot become the ground of an action.
Page 260 - ... each is an observer of the conduct of the others, can give notice of any misconduct, incapacity or neglect of duty, and leave the service, if the common employer will not take such precautions, and employ such agents as the safety of the whole party may require. By these means, the safety of each will be much more effectually secured, than could be done by a resort to the common employer for indemnity in case of loss by the negligence of each other.
Page 212 - it is a general principle of the highest importance to the proper administration of justice, that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
Page 57 - If a man lives in a town, it is necessary that he should subject himself to the consequences of those operations of trade which may be carried on in his immediate locality which are actually necessary for trade and commerce, and also for the enjoyment of property, and for the benefit of the inhabitants of the town and of the public at large.
Page 172 - I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of parliament.
Page 182 - ... that principle which gives to the owner of the soil all that lies beneath his surface ; that the land immediately below is his property, whether it ia solid rock, or porous ground, or venous earth, or part soil, part water; that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure...
Page 260 - When the object to be accomplished is one and the same, when the employers are the same, and the several persons employed derive their authority and their compensation from the same source, it would be extremely difficult to distinguish what constitutes one department, and what a distinct department, of duty. It would vary with the circumstances of every case.
Page 84 - Still, this privilege must be restrained by some limit, and we consider that limit to be this: that a party or counsel shall not avail himself of his situation to gratify private malice by uttering slanderous expressions, either against a party, witness, or third person, which have no relation to the cause or subject-matter of the inquiry.