Kirkendall, 36 Iowa, 225; Benge v. Bowling, 106 Ky. 575, 51 S. W. 151; Joslin v. New Jersey Car-Spring Co., 36 N. J. Law, 145.
tation of an individual, and exposing him to public hatred, contempt, or ridicule. The publication of the libelous matter ...
Lat. The measure of damages. .
trespass committed by hand. See 7 Rich. II. ec. 4
Lat. Bad; evil; wrongful.
ing shortly; directly; by the _ shortest _ course; without circuity.
Lat. With strong hand. A term used in old writs of trespass. AMunu fortt et cum multitudine gentium, with strong band and multitude of people. Reg.
Lat. In Roman law. The hire or wages of labor; compensation for labor or services performed. See Mackeld. Rom. Law, § 418. ‘
French mercantile law. Damaged goods.
507.—Disturbance of tenure. In the law of tenure, disturbance is where a stranger, by menaces, force, persuasion, or otherwise, causes a tenant to leave his tenancy; this disturbance of tenure {is an injury to the lord for which an action will lie....
ed by seven or more persons associated for a lawful purpose, by subscribing which, an otherwise complying with the requisitions of the companies’ acts in respect of registration they may form themselves into an incorporated pompany, with or without...
(Del.) 564, 32 Atl. 137. (2 Bvidence which must be received and treat
(Del.) 564, 32 Atl. 187; Richardson v. State, 7 Tex. App. 493.—Negligent homicide. In Texas, the act of causing the death of another by negligence and carelessness in the perfor...
649; Pielke v. Railroad Co., 5 Dak. 444, 41 N. W. 669 ages” and “con onymous nor to remote damage is consequential, but it is by no means true that all consequential damage is remote. Eaton vy. Railroad Co., 51 N. H. 511, 12 Am. Rep. 147.
Lat. In the civil law. Carelessness; inattention; the omission of proper care or forethought. The term is not
Nemo punitur sine injuria, facto, seu defalta. No one is punished unless for some wrong, act, or default. 2 Inst. 287.
ee. 1 Ga. tery ule mages. ee DAMAGES.—Lig t= A debt is liquidated when it is certain what is due and how much is due. Roberts v. Prior, 20 Ga. 562.—Liquidated demand. A demand is a liquidated one if the
Non potest rex gratiam facere cum injuria et damno aliorum. The king cannot confer a favor on one subject which occasions injury and loss to others. 3 Inst. 236: Broom, Max. 68.
Lat. In old English law. <A nuisance. Nocumentum damnosum, a nuisance occasioning loss or damage. Nocumenitum infurioswm, an injurious nuil-
indecent, or unlawful personal conduct, working an obstruction of or injury to the right of another or of the public, and producing such material annoyance, inconvenience, discomfort, or hurt that the law will presume & consequent damage. Wood, Nuis....
OFFICE. “Office” is defined to be a right to exercise a public or private employment, and to take the fees and emoluments there unto belonging, whether public, as those of magistrates, or private, as of bailiffs, receivers, or the like. 2 Bi. Com...
489, 26 South. 85; Coit v. West: ern Union Tel. Co., 130 Cal. 657, 63 Pac. 83, 63 L. R. A. 678, 80 Am. St. Rep. 153,—Hasardous negligence. Such careless or reck- — eect as exposes one to very great ce
to make compensation. Inst. 4, 9; Mackeld. Rom. Law, § 510.
Lat. Whereby. When the declaration in an action of tort, after stating the acts complained of, goes on to allege the consequences of those acts as a ground of special damage to the plaintiff, the recital of such consequences is prefaced by these word...
Lat. In old pleading. Whereby he lost the company [of his wife.] A phrase used in the old declarations in actions of trespass by a husband, for beating or ill using his wife, descriptive of the special damage he had sustained. 3 Bl. Comm. 140; Cro. J...
Lat. In old pleading. Whereby he lost the service [of his servant.j] A phrase used in the old declarations in actions of trespass by a master, for beating or ill using his servant, descriptive of the special damage he had himself sustained. 3 Bl. Com...
130. ‘The remedy which the law allows a-party injured by a nuisance of destroying or removing it by his own act, so as he commits no riot in doing it, nor occasions (in the Cuse of a private nuisance) any damage beyond what the removal of the incon...
Lat. Reward; compensation. Premium assecurationis, compensation for insurance; premium of insurance. Loce. de Jur. Mar. lib. 2, c. 5, § 6.
APPLICABLE. When a constitution or court declares that the common law is in force in a particular state so far as it is applicable, it Is meant that it must be applicable to the habits and conditions of the community, as well as in harmony with the g...
much damnified? The name of an issue directed by a court of equity to be tried in a eourt of law, to ascertain the amount of compensation to be allowed for damage.
Fr. Which is the same. A term used in actions of trespass, ete. See Qua EsT EaDEM.
Lat. A writ of nuisance, which, by 15 Edw. I., lay against him to whom a house or other thing that caused a nuisance descended or was allenated; whereas, before that statute the action lay only against him who first levied or caused the nuisance to t...
Qui non propulsat injuriam quando potest, infert. Jenk. Cent. 271. He who does not repel an injury when he can, induces it.