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" ... that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been... "
A Treatise of the Law Relative to Merchant Ships and Seamen - Page 320
by Charles Abbott (Baron Tenterden) - 1867 - 638 pages
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 6

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1830 - 846 pages
...his wrongful act had never been done. It might admit of a different construction if he could shew, not only that the same loss might have happened, but...happened if the act complained of had not been done; but there is no evidence to that extent in the present case. Upon the objection taken in arrest of...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 4

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1832 - 948 pages
...such wrongful act had never been done. It might admit of a different construction, if he could shew, not only that the same loss might have happened, but...happened, if the act complained of had not been done: but there is no evidence to that extent in the present case. Upon the objection taken in arrest of...
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Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - Bailments - 1840 - 686 pages
...the action the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction, if he could show, not only...happened, if the act complained of had not been done ; but there is no evidence to that extent in the present case." In the English edition the same passage...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...to the action the bare possibility of a loss if his wrongful act had never been done. It admits of a different construction, if he could show, not only...prescribed by charter-party, the master must pursue it ; (I) if the ship be destined to several places, he should sail to them in the order designated (/),...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...action, the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction, if he could show, not only...happened, if the act complained of had not been done." $ 207. In Bell v. Reed, in Pennsylvania,1 Mr. J. Brackenridge seems to have held at the trial, that...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...action, the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction, if he could show, not only...happened, if the act complained of had not been done." § 207. In Bell v. Reed, in Pennsylvania,1 Mr. J. Brackenridge seems to have held at the trial, that...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 93

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1893 - 800 pages
...that cause was put in operation by his own wrongful act. To entitle such party to exemption, he must show, not only that the same loss might have happened,...happened if the act complained of had not been done." Citing Davis v. Oarrett, 6 Bing. 716. In the present case, while the passenger train was not put in...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 175

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1914 - 828 pages
...that cause was put in operation by his own wrongful act. To entitle such party to exemption he must show not only that the same loss might have happened,...happened if the act complained of had not been done" — citing Davis v. Garrett, 6 Bing. 716. Counsel for defendant suggest that the situation is ruled...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - Damages - 1852 - 722 pages
...the action, the bare possibility of a loss if his wrongful act had never been done. It might admit of a different construction if he could show, not only that the same loss migJvt have happened, but that it must have happened, if the act complained of had not been done ;...
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - Maritime law - 1856 - 996 pages
...to the action the bare possibility of a loss if his wrongful act had never been done. It admits of a different construction, if he could show, not only...places, he should sail to them in the order designated (d), or which may be usual — making such intermediate rests and stages only in the course of his...
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