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Cases on Damages Selected from Decisions of English and American Courts

Cases on Damages Selected from Decisions of English and American Courts


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: PART IV. DISCRETIONARY DAMAGES. CHAPTER I. IN GENERAL. TOWNSEND v. HUGHES. (Court of Common Pleas, 2 Leach, 150.) The plaintiffs brought an action of scandalum magnatum for these words spoken of him by the defendant, viz., He is an unworthy man. and acts against law and reason. Upon not guilty pleaded, the case was tried, and the jury gave the plaintiff four thousand pounds damages. i North, Chief Justice, said: In cases of fines for criminal matters, a man is to be fined by Magna Charta with a salvo contenemento suo; and no fine is to be imposed greater than he is able to pay; but in civil actions the plaintiff is to recover by way of compensation for the damages he hath sustained, and the jury are the proper judges thereof. This is a civil action brought by the plaintiff for words spoken of him, which if they are in their own nature actionable, the jury ought to consider the damage which the party may sustain; but if a particular averment of special damages make them actionable, then the jury are only to consider such damages as are already sustained, and not such as may happen in future, because for such the plaintiff may have a new action. He said, that as a Judge he could not tell what value to set upon the honor of the plaintiff; the jury have given four thousand pounds, and therefore he could neither lessen the sum or grant a new trial, especially since by the law the jury are judges of the damages: and it would be very inconvenient to examine upon what account they gave their verdict; they, having found the defendant guilty, did believe the witnesses, and he could not now make a doubt of their credibility. Wyndham, Justice, accorded in omnibus. Atkins, Justice, contra. That a new trial should be granted, for it is every day's practice; and he rem...


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Product Details
  • ISBN-13: 9780217823623
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 308
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 0217823629
  • Publisher Date: 08 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 553 gr


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