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ON THE

MEASURE OF DAMAGES;

OR, AN

INQUIRY INTO THE PRINCIPLES

WHICH GOVERN THE

AMOUNT OF COMPENSATION

RECOVERED IN SUITS AT LAW.

“Cum pro eo quod interest dubitationes antiquæ in infinitum productæ sint, melius nobis visum
est, hujusmodi prolixitatem, prout possibile est, in angustum coarctare."

Cod. De sent. quæ pro eo quod int. prof., Lib. VII., Tit. XLVII,

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NEW YORK:
JOHN S. VOORHIES, LAW BOOKSELLER AND PUBLISHER,

NO. 20 NASSAU STREET.

1852.

Entered according to the Act of Congress, in the year 1852,

BY THEODORE SEDGWICK, In the Clerk's Office of the District Court for the Southern District of New York.

350655

BAKER, GODWIN & Co., PRINTERS,

TRIBUNE BUILDINGS.

DANIEL LORD, ESQ.

DEAR SIR:

IF you find no fault, I am very sure that I shall not be elsewhere censured for placing your name (although without any previous permission), upon the dedication-page of this work.

Your opinion of the importance of the subject, is one of the circumstances that have most strongly urged me to proceed with it. But I have other reasons for requesting you to accept this volume.

You show us all, by a teaching far better than barren precept, how much true dignity and usefulness, as well, if we may be allowed to judge, as real happiness, attend a life assiduously, intelligently, and, above all, honorably devoted to that profession of which we are the votaries.

I am, dear Sir,
With sincere regard and respect,
Your obedient servant,

THEODORE SEDGWICK.

New York, January, 1847.

PREFACE

TO

SECOND EDITION.

In preparing the Second Edition of this work for the press, I have done all in my power to show my sense of the favorable manner in which it has been received, and to increase its utility. I have examined the numerous volumes of Reports which have appeared both in England and this country,

and have availed myself, as far as possible, of the increased attention which has been latterly paid to the subject. This has led not only to a great increase of matter, but to changes so considerable in the arrangement of the work, that I have found it impossible to preserve the original paging. The two last chapters are entirely new.

The principal difficulty which I encountered in preparing the first edition—the difficulty of adapting any scientific arrangement of the rules of compensation to the technical forms of action of the common law-bas been somewhat increased by the great changes that have been introduced into legal proceedings within the last few years. New York, and several of the sister States, have adopted a system of pleading which amounts to a total subversion of the common law procedure; and Massachusetts has made very serious innovations on it. We are evidently in the midst of a revolution which, in our

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