Lawyers' Reports Annotated Volume 16

Lawyers' Reports Annotated Volume 16

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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. 1892 edition. Excerpt: ...such conduct on his part would be evidence from which the jury would be justi fied in awarding exemplary or punitive dam a s. dfife looked as if it had been rnbbe out on purpose, such language may be construed as an insinualion, at least, that the date had been rubbed out b the plaintiff. But the plaintiff, it is clear, di not so understand it; nor did he consider it ofiensive, for it seems to have made no impression upon him. On the contrary, it had entirely escaped his recollection, and the evidence in regard to it was brought out by the gateman himself, who says that, after ex amining the ticket, the police ofllcer told the And we agree, too, that in sa ing the plaintiff it looked as if the date had been rubbed out on purpose, which the witness added is "the same thing I told him." So it does not seem that the langua e was used, nor was it understood by the plaintiff as being used, in an offensive or insulting manner. Then, as to the refusal or neglect of the gateman to report the case to the receiver, the proof shows that it was his duty to stand at the gate until the departure of the train, and it would have been a breach of duty to have left the gate for this or any other like purpose. And there was error, therefore, in granting the plaintiffs second and fourth prayers. Nor can we agree that these facts would warrant the jury in allowing not only such damages as they may find to have been the direct and immediate consequences of the defendant's refusal to admit the plaintifl to its train, but, in addition thereto, such other damages as they may believe he has sufiered in his person and feeling. Rice' Case, 64 Md. 64, relied on in support of this instruction, differs widely from the case now before us. In...show more

Product details

  • Paperback | 850 pages
  • 189 x 246 x 43mm | 1,488g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236849760
  • 9781236849762