This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 Excerpt: ...had met with his death through the negligence of the defendants' servants wfl admitted, the only question being the amount of damages. In summing up, the learned chief justice referred to the case of Blake v. London & Brighton Railway Co. and told the jury that in assessing the damages, they might take into ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 Excerpt: ...had met with his death through the negligence of the defendants' servants wfl admitted, the only question being the amount of damages. In summing up, the learned chief justice referred to the case of Blake v. London & Brighton Railway Co. and told the jury that in assessing the damages, they might take into consideration any injury resulting to the children from the loss of the care, protection, and assistance of their father. The jury gave 2,000/. Now, if the argument ab inconvenienti was permitted to prevail against the allowance of compensation for the mental anguish of the relatives, it ought not, we submit, to be without weight in considering the soundness of this direction. Juries have no small difficulties to contend with in assessing damages, when they have before them evidence of the average profits, or the amount of the life income of the deceased; but these are but trifling to those in which they must become entangled in attempting a pecuniary estimate of the loss of the care, protection, and assistance of a father. In whatever light we look at the subject, either of money or morals, we become perplexed in the attempt to pursue it. It is conceived that in such cases evidence may be given of the character of the deceased, and in many cases, this would doubtless be of a most painful nature. "Moreover, serious, practical difficulties would arise. Let us suppose, that, through the negligence of a pointsman--in the belief of his employers a trustworthy servant--an accident happens to a train containing the six following fathers: --An archbishop, a lord chancellor, an East Indian director, a lunatic, a wealthy but immoral man, and one virtuous but, a bankrupt. It is needless to dilate on the difficulties which juries would experience if called u...
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Add this copy of A practical treatise upon the law of railways. to cart. $31.73, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
Add this copy of A practical treatise upon the law of railways. to cart. $33.45, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.