The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 3

The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 3

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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. 1877 edition. Excerpt: ...and until it was paid he had no title to the land, and could transmit none. Opinion by J ACKSON, J.; WARNER, C. J., and BLECKLEY, J., concurred. tention in efiecting his cure was clear, consistent, and conclusive. The Court instructed the jury that if they found the shooting to have been without justification or excuse, they should find for the plaintifi the value of his time lost in consequence of the wounds, and the amount reasonably expended for medicines and medical attendance in effecting his cure. The jury found for the plaintiff one cent damages. The plaintiif moved for a new trial on the ground that the damages were too small; his motion was overruled, and he appealed. Section 370 of the Civil Code of Practice is: " A new trial shall not be granted on account of the smallness of damages in an action for an injury to the person or reputation, nor in any other action where the damages shall equal the actual pecuniary injury sustained." Held, This was the rule of the common law, and it was, in the opinion of this Court, as inexorable as our present statutory regulation. 3 Bibb, 34. But to this rule there were exceptions. 2 Bay., 466; 33 Cal., 322; 36 Cal., 26. Of course the statute precludes the courts of this State from granting new trials for smallness of damages in actions for personal injuries when no special pecuniary injuries have been alleged and proved. "In such cases there is no definite and certain standard by which the damages to the party injured can be measured, and therefore the law commits to the jury the duty of looking into the facts and circumstances of the particular case, and of awarding finally the amount of coinpensation to be made by the wrongdoer. And this award must be submitted to, although...show more

Product details

  • Paperback | 468 pages
  • 189 x 246 x 24mm | 830g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236905814
  • 9781236905819