 | Great Britain. Bail Court - Civil procedure - 1848 - 906 pages
...his action, but the consequence upon it, viz., the loss of his service is the cause of his action ; for be the battery greater or less, if the master...his servant, he shall not have an action." So in the same case it is said, " for every feeding by the cattle of a stranger, the commoner shall not have... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - Law reports, digests, etc - 1848 - 1084 pages
...of his service is the cause of his action ; for, be the battery greater or less, if the master cloth not lose the service of his servant, he shall not have an action." So, in the same case, it was said : " For every feeding by the cattle of a stranger, the commoner shall not have... | |
 | Albert Venn Dicey - Parties to actions - 1870 - 582 pages
...act is not the cause of his action, but the consequent upon it, viz., the loss of his service. . . . For be the battery greater or less, if the master doth not lose the service he does not have an action " (c). Hence it does not matter as regards the master's right to sue, how... | |
 | Law - 1899 - 710 pages
...quod,' viz. per quod servitium, etc., amisit ; so that the original act is not the cause of his action ; for be the battery greater or less, if the master...service of his servant, he shall not have an action." Those who argue in favour of the survival of such a cause of action as that in Brads/taw's case, also... | |
 | Law - 1898 - 562 pages
...quod, viz., per quod senitum amisit, • * * for, be the battery greater or less, if the master does not lose the service of his servant, he shall not have an action." In the same case Lord Coke says: ''So that the original act is not the cause of his action, but the... | |
 | Law reports, digests, etc - 1886 - 866 pages
...his action, but the consequent upon it, viz., the loss of his service, is the cause of his action; for be the battery greater or less, if the master...service of his servant, he shall not have an action." This doctrine, we have no doubt, applies to actions brought by a parent for injuries to his child,... | |
 | MARSHALL D. EWELL - 1888 - 368 pages
...his action, but the consequent upon it, namely, the loss of his service is the cause of his action ; for be the battery greater or less, if the master doth not lose the service of his servant, he shnll not have an action." The same rule applies to the beating or maltreatment of a man's wife, provided... | |
 | Frederick Pollock - Torts - 1890 - 694 pages
...his action, but the consequent upon it, viz., the loss of his service, is the cause of his action ; for be the battery greater or less, if the master...service of his servant, he shall not have an action" (4). The same rule applies to the beating or malty) Christian's note on Black- tui, or an ordinary... | |
 | Frederick Pollock - Torts - 1894 - 842 pages
...his action, but the consequent upon it, viz., the loss of his service, is the cause of his action; for be the battery greater or less, if the master...service of his servant, he shall not have an action" (6). The same rule applies to the beating or maltreatment of a man's wife, provided it be " very enormous,... | |
 | Frederick Pollock - Torts - 1894 - 842 pages
...it, viz., the loss of his service, is the cause of his action; for be the battery greater or leas, if the master doth not lose the service of his servant, he shall not have an action" (i). The same rule applies to the beating or maltreatment of a man's wife, provided it be " very enormous,... | |
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... per quod, viz. per quod servltium, etc., amisit; so that the original act is not the cause of his action, but the consequent upon it, viz., the loss of his service is the cause of his action; for be the battery greater or less, if the master doth... 
