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accident actual amount answerable appears applied authority bound carried cause of action civil claim committed common law condition conduct consequence contract course Court criminal damage danger decision defendant distinct doubt duty effect English entitled evidence exception excuse exercise exist express extent fact give given ground hand harm held injury intended judgment judicial jury justified kind L. J. Ch L. J. Ex land less liable limited Lord malicious manner material matter means natural necessary negligence nuisance opinion ordinary otherwise owner particular party person plaintiff possession practice present principle protection proved Q. B. Div question reasonable regard remedy respect result risk rule seems sense servant statement statute taken things tion tort trespass true wrong
Page 458 - 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 546 - The amount of compensation recoverable under this Act shall not exceed such sum as may be found to be equivalent to the estimated earnings, during the three years preceding the injury, of a person in the same grade employed during those years in the like employment and in the district in which the workman is employed at the time of the injury.
Page 289 - ... 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 146 - ... 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 548 - the expression ' 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...
Page 289 - ... no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the...
Page 438 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 547 - Notice in respect of an injury under this Act shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date at which it was sustained...
Page 548 - A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the judge who tries the action arising from the injury mentioned in the notice shall be of opinion that the defendant in the action is prejudiced in his defence by such defect or inaccuracy, and that the defect or inaccuracy was for the purpose of misleading.
Page 66 - ... whensoever 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...