A Treatise of the Law of Damages: Embracing an Elemantary Exposition of the Law, and Also Its Application to Particular Subjects of Contract and Tort, 1±ÇCallaghan, 1893 |
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... statute making it a misdemeanor 1 King v . Pagham , 8 B. & C. 355 . 2 Reading v . Kepplemann , 61 Pa . St. 233 ; Griggs v . Foote , 4 Allen , 195 ; Benjamin v . Wheeler , 8 Gray , 409 ; Green v . Reading , 9 Watts , 382 ; O'Connor v ...
... statute making it a misdemeanor 1 King v . Pagham , 8 B. & C. 355 . 2 Reading v . Kepplemann , 61 Pa . St. 233 ; Griggs v . Foote , 4 Allen , 195 ; Benjamin v . Wheeler , 8 Gray , 409 ; Green v . Reading , 9 Watts , 382 ; O'Connor v ...
11 ÆäÀÌÁö
... statute , may thereby be abolished or lim- ited . But after the right of unlimited recovery for personal injury or for death caused by negligence has been declared by the constitution , no statute which purports to fix limits to the ...
... statute , may thereby be abolished or lim- ited . But after the right of unlimited recovery for personal injury or for death caused by negligence has been declared by the constitution , no statute which purports to fix limits to the ...
21 ÆäÀÌÁö
... statute of New York existed in favor of the administrator ; and because the statute expressly gave a right of action , at least nominal damages were recoverable . In actions for libel and slander , wherever there has been publication of ...
... statute of New York existed in favor of the administrator ; and because the statute expressly gave a right of action , at least nominal damages were recoverable . In actions for libel and slander , wherever there has been publication of ...
42 ÆäÀÌÁö
... statutes . When a new right is conferred upon one person by a statute and a corresponding duty is thereby enjoined upon another , the lia- bility of the defaulting party to the other party is confined to the limits prescribed by the statute ...
... statutes . When a new right is conferred upon one person by a statute and a corresponding duty is thereby enjoined upon another , the lia- bility of the defaulting party to the other party is confined to the limits prescribed by the statute ...
43 ÆäÀÌÁö
... statute which employs the words ¡° shall be liable for all damages which shall be done by their agents or engines to cattle , horses or other animals . " And under the same statute a railroad company has been held liable where a horse ...
... statute which employs the words ¡° shall be liable for all damages which shall be done by their agents or engines to cattle , horses or other animals . " And under the same statute a railroad company has been held liable where a horse ...
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accord and satisfaction actual Adm'r agreed agreement Allen allowed amount applied assumpsit Bank Barb bill bond Branch Bank breach of contract Brown cause of action cent claim Clark common law compensation Conn consequence court covenant creditor cross-claim Cush Davis debt debtor default defendant defendant's demand Denio discharge duty effect entitled equity Exch fact fendant fixed held injury intention Iowa Johns Jones judgment jury legal rate legal tender liable liquidated damages loss Mass maturity ment Miller Minn mitigation of damages mortgage negligence Ohio St owner paid parties pay interest payable payment penalty performance Pick plaintiff pleaded principal rate of interest reason received recoupment recover recovery result rule Smith statute stipulated sued suit sustained tender terest tion tort tract usury vendor Wend wrong York
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102 ÆäÀÌÁö - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
528 ÆäÀÌÁö - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
78 ÆäÀÌÁö - 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?
226 ÆäÀÌÁö - It results from this principle, and the rule is fully established, that an entire claim, arising either upon a contract or from a wrong, cannot be divided and made the subject of several suits; and If several suits be brought for different parts of such a claim...
102 ÆäÀÌÁö - In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself, or as such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.
102 ÆäÀÌÁö - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
78 ÆäÀÌÁö - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
102 ÆäÀÌÁö - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
77 ÆäÀÌÁö - The test is to be found, not in the number of intervening events or agents, but in their character, and in the natural and probable connection between the wrong done and the injurious consequence. So long as it affirmatively appears that the mischief is attributable to the negligence as a result which might reasonably have been foreseen as probable, the legal liability continues.
145 ÆäÀÌÁö - When the books and cases speak of the profits anticipated from a good bargain, as matters too remote and uncertain to be taken into the account in ascertaining the true measure of damages, they usually have reference to dependent and collateral engagements entered into on the faith, and in expectation of the performance of the principal contract.