Cases on Legal LiabilityHarvard University Press, 1915 - 820 Seiten |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
accident action affirmed alleged appears appellant applied assault authority building charge child circumstances cited committed common law concurred convicted counsel criminal damages danger death deceased declaration defendant defendant's delirium tremens demurrer duty employment engine escape evidence fact felony fire force foreseen ground guilty held highway homicide horse horse car indictment inflicted injury instructions intent intervening intervening cause intestate intoxication judge judgment jury Justice justified killed liable Lord manslaughter Mass Milwaukee & St murder natural and probable necessary negligent act negligently set nuisance offence omission opinion ordinary owner party person plaintiff plaintiff in error premises present principle prisoner probable consequence proximate cause purpose question Railroad Railroad Co Railway reason recover remote Reported responsible result river rule se defendendo servant statute street SUPREME COURT sustained tion Torts track train trespass trial unlawful verdict wife wound wrongful act
Beliebte Passagen
Seite 520 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Seite 156 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Seite 393 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Seite 570 - BWCC 527, where the House of Lords reversed the decision of the Court of Appeal...
Seite 37 - It is a modification of the ancient maxim, and amounts to this: that, though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature.
Seite 30 - All the laws, which have heretofore been adopted, used and approved in the province, colony or state of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force until altered or repealed by the legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
Seite 450 - The injury must be the direct result of the misconduct charged ; but it will not be considered too remote if, according to the usual experience of mankind, the result ought to have been apprehended. The act of a third person, intervening and contributing a condition necessary to the injurious effect of the original negligence, will not excuse the first wrongdoer, if such act ought to have been foreseen. The original negligence still remains a culpable and direct cause of the injury. The test is to...
Seite 142 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Seite 37 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals, and on the plain principle that the power of punishment is vested in the legislative, and not in the judicial, department. It is the Legislature, not the court, which is to define a crime and ordain its punishment.
Seite 451 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.