A Treatise on Damages: Covering the Entire Law of Damages, Both Generally and Specifically, Volume 1 |
Contents
| 57 | |
| 75 | |
| 101 | |
| 111 | |
| 113 | |
| 156 | |
| 205 | |
| 215 | |
| 219 | |
| 231 | |
| 238 | |
| 251 | |
| 263 | |
| 277 | |
| 307 | |
| 334 | |
| 361 | |
| 373 | |
| 375 | |
| 383 | |
| 416 | |
| 508 | |
| 511 | |
| 531 | |
| 539 | |
| 557 | |
| 560 | |
| 582 | |
| 599 | |
| 605 | |
| 628 | |
| 655 | |
| 705 | |
| 715 | |
| 762 | |
| 775 | |
| 803 | |
| 817 | |
| 830 | |
| 843 | |
| 849 | |
Other editions - View all
TREATISE ON DAMAGES Joseph a. (Joseph Asbury) Joyce,Howard C. (Howard Clifford) 1871 Joyce No preview available - 2016 |
TREATISE ON DAMAGES Joseph a. (Joseph Asbury) Joyce,Howard C. (Howard Clifford) 1871 Joyce No preview available - 2016 |
Common terms and phrases
action to recover admissible aff'd aff'g alleged amount assault awarded Barb Brooklyn C. C. App cause Chic City Code Colo Conn contributory negligence court defendant Dict earnings ejected Elec evidence excessive exemplary damages Galveston Hun N. Y. Illinois C. R. Iowa Johnson jury L. J. Wkly liable libel loss Louis Louisville & N. R. malice Mass Minn Misc Missouri N. Y. St N. Y. Supp negligence nominal damages Ohio C. C. Ohio St passenger Penn permanent personal injuries physical injury physician plaintiff punitive damages R. R. Co Railroad recover damages recovery result rev'g S. F. R. Co slander Smith special damages statute sustained Teleg Tenn Texas & P. R. tion U. S. App Verdicts held Wash West Chicago York
Popular passages
Page 562 - ... 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, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 145 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Page 166 - That the contributory negligence of the party injured will not defeat the action, if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the injured party's negligence.
Page 66 - The proximate cause is the efficient cause, the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a superior or controlling agency are not the proximate causes and the responsible ones, though they may be nearer in time to the result. It is only when the causes are independent of each other that the nearest is, of course, to be charged with the disaster.
Page 469 - A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action; 2.
Page 660 - Viet. c. 93, that a jury in these cases "must not attempt to give damages to the full amount of a perfect compensation for the pecuniary injury, but must take a reasonable view of the case, and give what they consider under all the circumstances a fair compensation.
Page 145 - 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.
Page 171 - In the use of the appliances provided by it. It was possible for the defendant so to have constructed the guard that such, an accident as this could not have happened, and this, so far as appears, could have been done without unreasonable expense or trouble.
Page 6 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Page 6 - In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.— 1905:621.