 | John Willes, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1800 - 764 pages
...fact that is laid by which he j loft it be a lawful act, no action can be maintained.) By in* juria is meant a tortious act : it need not be wilful and...lie. This rule therefore being admitted, the only queftion is whether any fuch injury be laid here; and this rule will properly come to be confidered... | |
 | Conway Robinson - Actions and defenses - 1858 - 804 pages
...Barn. & Aid. 652; 3 El. & Black. 411. There must be damnum cum injuria. Kramer v. Stock, 10 Watts 115. By injuria is meant a tortious act: it need not be...accidental if it be tortious, an action will lie. Willes 581. Thus in the Countess of Shrewsbury's case, it was agreed that in some cases where there... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...there must be damnum cum injuria, which I admit. I admit likewise the consequence, that the fact laid before per quod consortium amisit is as much the gist...admitted, the only question is whether any such injury may be laid here ; and this rule will properly come to be considered under the several objections made... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...laid by which he lost it be a lawful act, 110 action can be maintained. By injuria is meant a tortioua act ; it need not be wilful and malicious ; for though...admitted, the only question is whether any such injury may be laid here ; and this rule will properly come to be considered under the several objections made... | |
 | Charles Greenstreet Addison - Torts - 1876 - 832 pages
...party or inevitable ; there must also be a thing done amiss "(6). " By injuria" observes Willes, CJ, "is meant a tortious act; it need not be wilful and malicious, for though it be accidental, an action will lie "(c). 2 Da-mage and wrong — Dangerous things set in motion. — If the damage... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1881 - 712 pages
...there must also be a tlling done amiss." By injuria is meant a tortious act; it need not be willful and malicious, for, though it be accidental, if it be tortious, an action will lie. 'Willes, Ch. J., in Winsmore v. Greenbank, Willes' R. 581. The only basis of recovery in this case... | |
 | James Williams - Common law - 1883 - 290 pages
...Gaius, iii. 219). Tit. IV. Pr. " By injuria," says Willes, CJ, in Winsmore v. Greenbank, Willes, 577, " is meant a tortious act ; it need not be wilful and malicious, for though it be accidental, an action will lie." This seems wider than the use of the term in Roman law, in which an accidental... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1890 - 1214 pages
...damages at common law." Pa. RR Co. v. Marchant, 1 19 Pa. St. 541; sc, 2i WNC(Pa.)30o; 13 Atl. Rep., 698. "By injuria is meant a tortious act, it need not be...accidental, if it be tortious an action will lie." Winsmore v. Greenhank, Willes S8i; Wright v. C. & NR Co., 7 Bradw. (111.) 446. Injury means in general... | |
 | Marshall Davis Ewell - Domestic relations - 1891 - 616 pages
...there must be damnum cum injuria, which I admit. I admit likewise the consequence that the fact laid before per quod consortium amisit is as much the gist...only question is whether any such injury be laid here ; and this rule will properly come to be considered under the several objections made to the particular... | |
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I admit likewise the consequence, that the fact laid before per quod consortium amisit is as much the gist of the action as the other ; for though it should be laid that the plaintiff lost the comfort and assistance of his wife, yet if the fact that is... 
