A Manual of Elementary Law Being a Summary of the Fundamental Principles of Am
A Manual of Elementary Law Being a Summary of the Fundamental Principles of Am
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Though there was a contract with the master, there was also the duty implied by law from the relation of passenger and carrier. Hence the master could recover for the negligence as a tort, or he could recover for the breach of contract.
§ 168. The damage. — Unless some substantial in- jury w^as done there can be no action for negligence. Damage is an essential element; and it is obvious that the damage must have been to the plaintiff specially. If from any careless act the plaintiff is injured ...only in the same kind and degree as the whole public there will be no cause of action.
§ 169. Cause and effect. — The connection of cause and effect between the breach of duty and the injury must be established, otherwise the negligence is not actionable. It must be shown that but for the breach of duty the injury would not have happened. But while this is necessary to be shown, it is not enough. The plaintiff must go further and show that the breach of duty was an efficient cause. For example, if a passenger carrier is guilty of delay so that he arrives at a place on the road § 172] NEGUGENCE 123 where a sudden storm injures the passenger, it might be evident that the injury would not have happened but for the neghgent delay; and yet it is also clear that such an injury might equally well happen where the carrier is unusually diligent.
What to read after A Manual of Elementary Law Being a Summary of the Fundamental Principles of Am?
You can find similar books in the "Read Also" column, or choose other free books by William P William Pickney Fishback to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Though there was a contract with the master, there was also the duty implied by law from the relation of passenger and carrier. Hence the master could recover for the negligence as a tort, or he could recover for the breach of contract.
§ 168. The damage. — Unless some substantial in- jury w^as done there can be no action for negligence. Damage is an essential element; and it is obvious that the damage must have been to the plaintiff specially. If from any careless act the plaintiff is injured ...only in the same kind and degree as the whole public there will be no cause of action.
§ 169. Cause and effect. — The connection of cause and effect between the breach of duty and the injury must be established, otherwise the negligence is not actionable. It must be shown that but for the breach of duty the injury would not have happened. But while this is necessary to be shown, it is not enough. The plaintiff must go further and show that the breach of duty was an efficient cause. For example, if a passenger carrier is guilty of delay so that he arrives at a place on the road § 172] NEGUGENCE 123 where a sudden storm injures the passenger, it might be evident that the injury would not have happened but for the neghgent delay; and yet it is also clear that such an injury might equally well happen where the carrier is unusually diligent.
What to read after A Manual of Elementary Law Being a Summary of the Fundamental Principles of Am?
You can find similar books in the "Read Also" column, or choose other free books by William P William Pickney Fishback to read onlineMoreLess
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