Another rule said to be a rule of the common law was to the effect that "in a civil court the death of a human being cannot be complained of as an injury... Atlantic Reporter - Page 4361900Full view - About this book
| Patrick Brady Leigh - 1838 - 928 pages
...loss of her society, or for his mental sufferings on her account after the moment of her death, for in a civil court the death of a human being cannot be complained of as an injury. Baker r. Bolton, 1 Campb. 493. But in trespass the plaintiff may give in evidence a consequential injury... | |
| Patrick Brady Leigh - 1838 - 774 pages
...loss of her society, or for his mental sufferings on her account after the moment of her death, for in a civil court the death of a human being cannot be complained of as an injury. Baker v. Bolton, 1 Camp. 493. But in trespass the plaintiff may give in evidence a consequential injury... | |
| Theodore Sedgwick - 1852 - 722 pages
...prietors of a stage-coach for negligent driving, by which his wife was killed,. Lord Ellenborough said that, " in a civil court, the death of a human being cannot be complained of as an injury."* And so it has been held in Massachusetts, in a case where a widow sued a railroad company for negligence,... | |
| 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 - 1868 - 610 pages
...given, nor anything showing the cause of the accident or the degree of negligence ; yet the assertion that " in a civil court the death of a human being cannot be complained of as an injury," seems to be now universally admitted both in England and in this country as the settled rule of the... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 720 pages
...peculiar feature of the ancient jurisprudence of the country ; but he lays down the broad proposition that in a civil court, the death of a human being cannot be complained of as an injury. If it was necessary at this day to give a reason for this doctrine, I should think it more natural... | |
| Nathan Howard (Jr.) - 1859 - 616 pages
...particular feature of the ancient jurisprudence of the country ; but he lays down the broad proposition that, in a civil court, the death of a human being cannot be complained of as an injury. If it were necessary at this day to give a reason for this doctrine, I should think it more natural... | |
| Peleg Sprague, United States. District Court (Massachusetts) - 1861 - 674 pages
...upon the opinion of Lord Ellenborough, in Baker v. Bolton and others, 1 Camp. 493, where he declared that " in a civil court, the death of a human being cannot be complained of as an injury." By Act of 9 & 10 Viet. chap. 93, an action is given for the benefit of those who may sustain damage... | |
| United States. District Court (Massachusetts) - 1861 - 674 pages
...upon the opinion of Lord Ellenborough, in Baker v. Bolton and others, 1 Camp. 493, where he declared that " in a civil court, the death of a human being cannot be complained of as an injury." By Act of 9 & 10 Viet. chap. 93, an action is given for the benefit of those who may sustain damage... | |
| Massachusetts. Supreme Judicial Court - 1865 - 646 pages
...accident to the time of her death. And he announced the principle of his decision, in these words : " In a civil court, the death of a human being cannot be complained of as an injury." Such, then, we cannot doubt, is the doctrine of the common law ; and it is decisive against the maintenance... | |
| Massachusetts. Supreme Judicial Court - 1866 - 1338 pages
...because no actions for injury to the person survive the death of the person receiving them, and because the death of a human being cannot be complained of as an injury to third parties. This last point was decided in the cases of Carey and wife v. The Berkshire Railroad... | |
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