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" ... that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been... "
A Treatise of the Law Relative to Merchant Ships and Seamen - Sida 320
efter Charles Abbott (Baron Tenterden) - 1867 - 638 sidor
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Reports of Cases Argued and Determined in the Court of Common Pleas ..., Volym 6

Great Britain. Court of Common Pleas, Peregrine Bingham - 1830 - 846 sidor
...his wrongful act had never been done. It might admit of a different construction if he could shew, not only that the same loss might have happened, but...happened if the act complained of had not been done; but there is no evidence to that extent in the present case. Upon the objection taken in arrest of...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volym 4

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 948 sidor
...such wrongful act had never been done. It might admit of a different construction, if he could shew, not only that the same loss might have happened, but...happened, if the act complained of had not been done: but there is no evidence to that extent in the present case. Upon the objection taken in arrest of...
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Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - 1840 - 686 sidor
...the action the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction, if he could show, not only...happened, if the act complained of had not been done ; but there is no evidence to that extent in the present case." In the English edition the same passage...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - 1846 - 1088 sidor
...to the action the bare possibility of a loss if his wrongful act had never been done. It admits of a different construction, if he could show, not only...prescribed by charter-party, the master must pursue it ; (I) if the ship be destined to several places, he should sail to them in the order designated (/),...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1849 - 808 sidor
...action, the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction, if he could show, not only...happened, if the act complained of had not been done." $ 207. In Bell v. Reed, in Pennsylvania,1 Mr. J. Brackenridge seems to have held at the trial, that...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1851 - 836 sidor
...action, the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction, if he could show, not only...happened, if the act complained of had not been done." § 207. In Bell v. Reed, in Pennsylvania,1 Mr. J. Brackenridge seems to have held at the trial, that...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volym 93

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1893 - 800 sidor
...that cause was put in operation by his own wrongful act. To entitle such party to exemption, he must show, not only that the same loss might have happened,...happened if the act complained of had not been done." Citing Davis v. Oarrett, 6 Bing. 716. In the present case, while the passenger train was not put in...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volym 175

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1914 - 828 sidor
...that cause was put in operation by his own wrongful act. To entitle such party to exemption he must show not only that the same loss might have happened,...happened if the act complained of had not been done" — citing Davis v. Garrett, 6 Bing. 716. Counsel for defendant suggest that the situation is ruled...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - 1852 - 722 sidor
...the action, the bare possibility of a loss if his wrongful act had never been done. It might admit of a different construction if he could show, not only that the same loss migJvt have happened, but that it must have happened, if the act complained of had not been done ;...
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - 1856 - 996 sidor
...to the action the bare possibility of a loss if his wrongful act had never been done. It admits of a different construction, if he could show, not only...places, he should sail to them in the order designated (d), or which may be usual — making such intermediate rests and stages only in the course of his...
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