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No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise ex turpi causa ["from an immoral cause"], or the transgression of a positive law of this country, there the court says he has no right to be assisted. It ...
The case reports the judgment as follows. payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum: but the gift of a horse, hawk, or robe, etc. in satisfaction is good. For it shall be intended that a horse, hawk, or ...
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.
The plaintiff, originally the passenger, asked if he could drive in an attempt to roll start the car. The defendant agreed, aware that he had consumed 11 or 12 bottles of beer that evening. The plaintiff lost control of the car, which left the road down the steep slope and flipped over. The plaintiff suffered severe head injuries as a result.
Abatement in law would terminate it completely although it could be restarted at the plaintiff's request. The second term is more common. [ 3 ] It has now been abolished, in most if not all, common law jurisdictions.
Decided November 17, 1948; Full case name: Charles A. Summers v. Howard W. Tice, et al. Citation(s) 33 Cal.2d 80 199 P.2d 1: Holding; When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and ...
Thomas Haslem v. William A. Lockwood, [1] Connecticut, (1871) is an important United States case in property, tort, conversion, trover and nuisance law.. The plaintiff directed his servants to rake abandoned horse manure into heaps that had accumulated in a public street, intending to carry it away the next day.
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...