A Treatise On the Law of Trespass in the Twofold Aspect of the Wrong And the Rem
A Treatise On the Law of Trespass in the Twofold Aspect of the Wrong And the Rem
Thomas W Thomas Whitney Waterman
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Recov- ered against B. Therefor, it was held that B. In an action against A. For the assault was not entitled to recover the same amount as so much to be reimbursed as special damages (Whatley v. Murrell, 1 Strobh. 389). § 279. DAMAGES FOR WOUNDED FEELING. 249 brace all the injurious consequences of the wrongful act, un- known as well as known, which may thereafter arise. Accordingly, w^here the plaintiff had received an apparently slight blow on the head, for which he recovered small dam- ages..., and it afterward appearing that the skull had been frac- tured, he brought a second action, which, it was contended, might be maintained for the reason that the former recovery was for a mere battery, and this for a mayhem, it w^as held that the plaintiff could not recover, for there w^as but one blow, and that was the cause of action in both suits ; and the distinction was pointed out between such a case and one of continuing nuisance, where each continuance is a fresh nuisance. -* 41. Damages for wounded feeling.
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