Illustrative Cases in Torts; With Analysis and Citations

Illustrative Cases in Torts; With Analysis and Citations

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...on Ev., vol. 3, 29; Roscoe's Grim. Ev., p. 15; Best on Presumptions, 190; Starkie on Ev., 1st Am. ed., Part 3, 52, Vol. 2, pp. 450, 451. It is true that this distinction has heretofore been carried into civil cases and applied to suits in which it incidentally became necessary to determine, in order to settle the issue which the parties were litigating, whether one of the parties had committed an offense against the criminal law. Hence have arisen in these actions for defamation among others a series of decisions which, if juries had acted according to their tenor, would have been productive not unfrequently of very unjust results. Practically we do not consider the form of expression used in the instructions to juries in cases of this description as very likely to change the result. We do not believe, if the jury in the present case found themselves inclined to believe upon the whole evidence that the plaintiff was verily guilty, as the defendant had said, that they would have proceeded to assess damages in his favor, because he might have started a reasonable doubt in their minds whether he ought to be convicted of the crime and sent to the State prison, upon that evidence, even had they been so instructed. The practical effect of such an instruction would probably have been to eliminate the doubt from the minds of the jury, not to change the result at which they arrived. But we think it best to recognize what has been justly said to be " well understood that a jury will not require so strong proof to maintain a civil action as to convict of a crime;" and to draw the line between the cases where full proof beyond a reasonable doubt shall be required, and those where a less degree of assurance more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236910346
  • 9781236910349