The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 148

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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. 1915 edition. Excerpt: ...they said the Court of Exchequer had lately decided that gerrnins as well above the age of 20 years as under were subject to tithe. In Hubert v. Groz-cs the damage might be said to be common to all, but this is something difle1'e11t, for the plaintiff was in the occupation, if I may so say, of the navigation; he had commenced his course upon it, and was in the act of using it when he is obstructed. It did not rest merely in contemplation. Surely this goes one step farther; this is something substantially more injurious to this person, than to the public at large, who might only have it in contemplation to use it. And he has been impeded in his progress by the defendants wrongfully mooring their barge across, and has been compelled to unload and to carry his goods over land, by which he has incurred expense, and that expense caused by the act of the defendants. If a man's time or his money are of any value, it seems to me that this plaintiff has shewn a particular damage. The defendants in effect have locked up the plaintiffs craft 1' Willes, 71; see also Co. Lit. I 1 Esp. 148. 56a. Garth. 191. whilst navigating the creek, and placed him in a situation that he unavoidably must incur expense in order to convey his goods another way. The present case I think admits of this distinction from most of the other cases, that here the plaintiff was interrupted in the actual enjoyment of the highway. The expense was incurred by the immediate act of the defendants, for the plaintifi.' was forced to unload his goods, and carry them over land. If this be not a particular damage, I scarcely know what is. Debt does not lie at the common law, nor by stat. S Ann. c. 14, for the arrears of an annuity or yearly rent devised payable out of...
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Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • United States
  • English
  • black & white illustrations
  • 1236964233
  • 9781236964236