The Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law : to which is Added the Draft of a Code of Civil Wrongs Prepared for the Government of India |
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Page xxii
... Evidence of Negligence . Negligence a question of mixed fact and law Burden of proof .. .. .. .. .. Where there is a contract or undertaking Things within defendant's control Common course of affairs judicially noticed On evidence ...
... Evidence of Negligence . Negligence a question of mixed fact and law Burden of proof .. .. .. .. .. Where there is a contract or undertaking Things within defendant's control Common course of affairs judicially noticed On evidence ...
Page 13
... evidence we have for much of the older theory of the law ) between the simple assertion or vindication of title and claims for redress against specific injuries . Of course the same facts would often , at the choice of the party wronged ...
... evidence we have for much of the older theory of the law ) between the simple assertion or vindication of title and claims for redress against specific injuries . Of course the same facts would often , at the choice of the party wronged ...
Page 31
... inasmuch as parties could of " na- not give evidence , intention could hardly ever be matter probable of direct proof . Under the old system of pleading and quence . conse- - procedure , Brian C.J. might well say , " CONSEQUENCES . 31.
... inasmuch as parties could of " na- not give evidence , intention could hardly ever be matter probable of direct proof . Under the old system of pleading and quence . conse- - procedure , Brian C.J. might well say , " CONSEQUENCES . 31.
Page 38
... evidence to show how the child had come there , beyond this , that he had been sent on an errand a few minutes before from the cottage where he lived , which lay by the roadside , at about 300 yards distance from the rail- way , and ...
... evidence to show how the child had come there , beyond this , that he had been sent on an errand a few minutes before from the cottage where he lived , which lay by the roadside , at about 300 yards distance from the rail- way , and ...
Page 39
... evidence proper to go to a jury , and on which they might reasonably find that the accident to the child was caused by the railway company's omission to provide a gate or stile . " One at least of the objects for which a gate or stile ...
... evidence proper to go to a jury , and on which they might reasonably find that the accident to the child was caused by the railway company's omission to provide a gate or stile . " One at least of the objects for which a gate or stile ...
Contents
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Common terms and phrases
accident actual alleged appears apply assault assumpsit authority Bigelow L. C. bound Bowen L. J. Bramwell breach carriage cause of action civil common law consent consequence contract contributory negligence course Court criminal danger deceit decision defendant defendant's detinue distinction doctrine doubt duty English entitled evidence ex delicto excuse exercise fact fraud gence ground harm held horse House of Lords Indian Penal Code iniuria injury intended judgment judicial jurisdiction jury justified kind L. J. Ch L. J. Ex land liable libel licence Lord Cairns malicious matter means ment modern natural neighbour nuisance obstruction offence opinion ordinary party person plaintiff possession principle proof purpose Q. B. Div question railway reasonable regard remedy right of action risk rule seems servant special damage statement statute things tion tort trespass trespass to land trover true owner Ulpian Vict words writ wrong wrong-doer
Popular passages
Page 507 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Page 423 - 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.
Page 509 - The notice may be served by delivering the same to or at the residence or place of business of the person on whom it is to be served.
Page 328 - King defendeth that none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law. and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner.
Page 508 - ... accident has been made within six months from the occurrence of the accident causing the injury, or, in case of death, within six months from the time of death.
Page 507 - ... an employee, or his legal representative, shall not be entitled under this article to any right of compensation or remedy against the employer in any case where such employee knew of the defect or negligence which caused the injury and failed, within a reasonable time, to give, or cause to be given, information thereof to the employer...
Page 269 - ... whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit money or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 137 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes, at his free will and pleasure...
Page 510 - workman " does not include a domestic or menial servant, but save as aforesaid, means any person who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour, whether under the age of twenty-one years or above that age, has entered into or works under a contract with an employer, whether the contract be...
Page 198 - Every confinement of the person is an imprisonment, whether it be in a common prison, or in a private house, or in the stocks, or even by forcibly detaining one in the public streets.