 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...Leame v. Bray. Shepherd (3), whether the plaintiff received an injury by force from the defendant. If the injurious act be the immediate result of the...butts for a trial of skill with the bow and arrow, the v/eapon then in use, in itself a lawful act, and no unlawful purpose in view, yet having accidentally... | |
 | Joseph Philips - 1848 - 70 pages
...force originally applied by the defendant, and the plaintiff be injured by it, it is the subject of action of trespass vi et armis by all the cases, both...a trespass, being an immediate injury from an act offeree by another." But suppose a different case. That a party carelessly left open his cellar door,... | |
 | Peleg Sprague, United States. District Court (Massachusetts) - Admiralty - 1861 - 674 pages
...to as a material circumstance. In the former, Lord Ellenborough, alluding to another case, says : " Where one shooting at butts for a trial of skill,...accidentally wounded a man, it was holden to be a trespass. * * * Such, also, was the case of Weaver v. Wood, in Hob. 134, where a like unfortunate accident happened,... | |
 | United States. District Court (Massachusetts) - Admiralty - 1861 - 674 pages
...to as a material circumstance. In the former, Lord Ellenborough, alluding to another case, says : " Where one shooting at butts for a trial of skill,...accidentally wounded a man, it was holden to be a trespass. * * * Such, also, was the case of Weaver v. Wood, in Hob. 134, where a like unfortunate accident happened,... | |
 | Charles Greenstreet Addison - Torts - 1876 - 832 pages
...happen accidentally, or by misfortune(d), unless the force was used strictly in self-defence. Thus, where one shooting- at butts for a trial of skill with the bow and arrow accidentally wounded a man, it was holden that he was responsible in damages, though he was doing an... | |
 | Francis Taylor Piggott - Torts - 1885 - 448 pages
...produced the consequences, voluntary. 8 Ex: 431. LR I Ex: at p. 274. So also in the case " where one was shooting at butts for a trial of skill with the bow...holden to be a trespass, being an immediate injury by an act of force from another. Such also was the case of Weaver v. Ward, where a like unfortunate... | |
 | Thomas Beven - Negligence - 1895 - 1072 pages
...judgment, Lord Lord EiienEllenborough, CJ, said : 6 "It is immaterial whether the injury cJ°sfviW be wilful or not. As in the case alluded to by my...immediate injury from an act of force by another." Grose, J., said : '' " Looking into all the cases from the Year-book in the 2 1 H. VII. 1 Holmes, The... | |
 | Charles Albert Keigwin - Torts - 1915 - 604 pages
...vl et armis by all the cases both ancient and modern. It is immaterial whether the injury be willful or not As in the case alluded to by my brother GROSE,...immediate injury from an act of force by another. Such also was the case of Weaver vs. Ward, in Hobart, 134, where a like unfortunate accident happened... | |
 | Charles Albert Keigwin - Torts - 1915 - 584 pages
...vi ct armix by all the cases both ancient and modern. It is immaterial whether the injury be willful or not. As in the case alluded to by my brother GROSE, where one shooting at butts for .1 trial of skill with the bow ami arrow, the weapon then in use, in itself a lawful act, and no unlawful... | |
 | William Henry Lloyd - Civil procedure - 1916 - 980 pages
...by the defendant, and the plaintiff be injured by it, it is the subject of an action of trespass tt et armis by all the cases both ancient and modern....immediate injury from an act of force by another. Such also was the case of Weaver v. H'ood, in Hob. 134, where a like unfortunate accident happened... | |
| |
It is immaterial whether the injury be wilful or not. As in the case alluded to by my brother Grose, where one shooting at butts for a trial of skill with the bow and arrow, the weapon then in use, in itself a lawful act and no unlawful purpose in view;... 