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, 3권

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Bancroft-Whitney Company, 1890

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Right not enlarged by statute No action if deceased could not have sued
1727
Damages Measure
1729
Where deceased a minor
1733
Evidence In 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
Intervening causes
1743
Not liable for remote or unexpected damage
1748
CHAPTER L
1785
Pleading
1798
CHAPTER LII
1825
In civil cases
1831
Who liable Officer issuing process
1842
CHAPTER LIII
1851
CHAPTER LIV
1859
CHAPTER LV
1893
Law and fact 8 1103 Evidence
1904
Damages
1910
TITLE XIII
1913
WRONGS IN DOMESTIC RE LATIONS CHAPTER LVI
1915
Damages 8 1108 Evidence
1919
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 8 1116 Where woman is of
1931
Statutory remedy 1118 Defenses
1932
Damages Measure
1933
Evidence In general
1934
In aggravation
1935
In mitigation
1936
Pleading
1937
CHAPTER LVII
1939
NEGLIGENCE
1973
CHAPTER LVIII
1975
Blasting rocks
1989
Contagious diseases Unwholesome food
1990
CHAPTER LIX
1992
Areas under sidewalks
2026
Objects falling upon travelers
2028
Snow and ice on roofs Onsidewalks
2031
Telegraph wires in streets
2032
Objects frightening horses
2033
CHAPTER LX
2038
When plaintiff has knowledge of defect
2056
CHAPTER LXI
2060
Rate of speed
2068
Duty to give warning Ringing bell or sounding whistle 1184 Evidence as to giving of signals 1185 Gates at crossings Flagmen
2079
Dangerons crossings Obstructed view
2081
Running or flying switch Backing cars 3 1188 Contributory negligence In general
2083
Duty to look and listen
2084
Other cases of contributory negligence at crossings 1191 Persons under physical disabilities
2093
Trespasser on tracks Duty and liability of company
2095
Persons on track by express permission
2099
SLANDER AND LIBEL
2173
CHAPTER LXIV
2175
Publication
2189
Who liable All parties instrumental in publication liable 1238 Newspapers
2197
Repetition of libel Who liable
2199
Slander
2202
Construction of defamatory words
2204
The innuendo The colloquium
2208
Certainty as to charge Proof
2213
Certainty as to person defamed Who may
2215
CHAPTER LXV
2220
CHAPTER LXVI
2266
Slander of title
2289
Slander of goods
2293
Other cases
2295
CHAPTER LXVII
2297
CHAPTER LXVIII
2356
Pleading
2371
GENERAL
2383
CHAPTER LXX
2429
1345
2439
Minerals
2441
Manure
2442
Salaries and pensions
2443
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
Trespassers Watchdogs
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
2545
CHAPTER LXXVI
2547
General average
2570
The admiralty jurisdiction 1443 The admiralty jurisdiction Torts and matters on the high seas
2573
Defenses Killing ferocious animal 1375 Killing animal in defense of person
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
In case of fires
xiv
Law and fact
xv
Remedies by act of party Abatement of nuisance 1034 Selfdefense 1035 Remedies by act of party Recaption or reprisal 1036 Entry on lands to re...
xvi

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2314 페이지 - 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...
2553 페이지 - 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.
1846 페이지 - 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.
1982 페이지 - 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...
2110 페이지 - 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.
2135 페이지 - 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.
2341 페이지 - 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.
1925 페이지 - 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...
2135 페이지 - 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...
1922 페이지 - 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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