Case and Comment Volume 10-11

Case and Comment Volume 10-11

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: the fact that, under the common law, one has generally been considered to have an absolute right to do as he pleases with the water percolating through his land; but the court, in referring to this common-law rule, said that there existed a tendency to depart from the strict rules of the common law with respect to percolating waters, and that the rights of the landowner are not absolute, but correlative. From the standpoint of reason, it seems right that the courts should regard malice as an important element in questions of tort. In the greater wrongs, which constitute crimes, malice is often the element of chief importance. If "malice aforethought" is to be considered a chief factor in a capital crime, what reason can there be why in the lesser wrongs, for which the only remedy is by civil actions, the element of malice should not be taken into account? Indeed, in a variety of cases this has always been done, as in eases of malicious prosecution, the malice that authorizes punitive damages, that which defeats a claim of privilege in libel, and in various other instances. It is equally false to say that malice will always make an act unlawful. The difficulty is to find a rule by which to determine when this will, and when it will not, be so. The rules stated above seem to be as definite as any that can yet be formulated. Index to fieuv fiotes IN LAWYERS' REPORTS, ANNOTATED. Book 63, Fart 1. Mentioning onlj complete notes therein contained, without Including mere reference notes to earlier annotations. Appeal. How and when questions must be raised and decided in a state court In order to make a case for a writ of error from the Supreme Court of the United States: --(I.) Scope of note; (II.) presentation of the Federal question to the...
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Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • Miami Fl, United States
  • English
  • Annotated
  • annotated edition
  • black & white illustrations
  • 1236570251
  • 9781236570253