 | Thomas Beven - Negligence - 1908 - 938 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." Walker v. Goe5 illustrates the other aspect of the principle. Com- Walker v. Got. missioners were empowered... | |
 | Frederick Green - Carriers - 1910 - 650 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. Upon the objection taken in arrest of... | |
 | Law - 1911 - 252 pages
...inevitable, result of the negligent fault; i Thompson on Negligence, Section 59. It is not enough to show that the same loss might have happened, but that it...happened if the Act complained of had not been done; i Cooley on Torts, 105, note. (3rd Edition.) "There is a distinction, we think, between the cause of... | |
 | Law reports, digests, etc - 1912 - 1080 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." Since the implied undertaking not to... | |
 | Eugene Allen Gilmore, William Charles Wermuth - Law - 1914 - 840 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." Davis v. Garrett, 6 Bing. 716. * * * Negligence in Not Avoiding. EXPRESS COMPANY v. KOUNTZE BROS. 8... | |
 | Joseph Henry Beale - Liability (Law) - 1915 - 844 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." Davis v. Garrett, 6 Bing. 716. And see Merchants' D. Transp. Co. v. Kahn, 76 111. 520; Crosby v. Fitch,... | |
 | Alberta. Supreme Court - Law reports, digests, etc - 1915 - 600 pages
...& P. 540, 8 LJ (OS) CP 253, 31 RR 624, "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." As pointed out in Lilly v. Doubleday... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - Law reports, digests, etc - 1915 - 1004 pages
...said in Davis v. Garrett, 6 Bing. 716, " 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." As pointed out in Lilly v. Doubleday... | |
 | William Mack, William Benjamin Hale - Law - 1917 - 1284 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; nut there is no evidence to that extent in the present case"). To same effect St. Louis, etc.. R. Co.... | |
| |
... 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... 
