 When an individual sustains an Injury by the misfeasance or nonfeasance of a public officer who acts or omits to act contrary to his duty, the law gives redress to the Injured party by an action adapted to the nature of the case.  The Chicago Law Journal - Página 1151886Visualização integral - Acerca deste livro
 | New Jersey. Supreme Court - 1842 - 672 páginas
...law, that wherever an individual has sustained an injury by the mis-feasance or non-feasance of an officer, who acts or omits to act contrary to his duty, the law affords redress by an action on the case adapted to the injury;" and he cited Townsend v. The Susquehanna... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1898 - 796 páginas
...injured by it. The case of Adsit v. Brady, supra, was decided upon the theory that, when a public officer acts or omits to act, contrary to his duty, the law gives redress to the injured party by an action adapted to the nature of his case. But, as we have seen, that rule is not sustained, except... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1852 - 560 páginas
...which might otherwise be supposed to arise from other provisions of the statute. U nil r. Eastman. who acts, or omits to act, contrary to his duty, the law affords redress by an action on the case, adapted to the injury." Of the correctness of this doctrine... | |
 | Nathan Howard (Jr.) - 1856 - 626 páginas
...that purpose, and it was therefore his duty to repair without unnecessary delay. The court says, " when an individual sustains an injury by the misfeasance,...act, contrary to his duty, the law gives redress to Smith agt. Wright and others. '.he injured party by an action adapted to the nature of the case." The... | |
 | United States. Court of Claims - 1856 - 656 páginas
...principle that — " Whenever an individual has sustained an injury by the misfeasance or nonfeasance of an officer who acts or omits to act contrary to his duty, the law affords redress ;" and cited " 6 Wendell, 462, and Only vs. Arnold, 6 Peters, 281." Judge McLean, in... | |
 | Oliver Lorenzo Barbour - 1858 - 714 páginas
...purpose, and that it was therefore his duty to repair without any unnecessary delay. The court say " when an individual sustains an injury by the misfeasance...duty, the law gives redress to the injured party by an action adapted to the nature of the case." This principle, the court said was well settled, and so... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 668 páginas
...opinion. He says : " When an individual sustains an injury by the misfeasance or nonfeasance of a pubic officer, who acts, or omits to act, contrary to his...duty, the law gives redress to the injured party by an action adapted to the nature of the case." If my previous reasoning is correct, this rule, as here... | |
 | Ohio. Superior Court (Cincinnati), William Disney - 1867 - 644 páginas
...by his neglect to remove a sunken boat from the canal. The principle of liability is thus stated: " When an individual sustains an injury by the misfeasance...duty, the law gives redress to the injured party, adapted to the nature of his case;" and in 5 Sanf., Sup. Ct., 302, Hutson v. The City of New York,... | |
 | New York (State). Supreme Court, William Johnson - 1867 - 510 páginas
...of law, that wherever an individual has sustained an injury, by the misfeasance or nonfeasance of an officer, who acts, or omits to act, -contrary to his duty, the law affords redress by an action on the case adapted to the injury. Lord Kenyan, in the case of Russell... | |
 | 1871 - 396 páginas
...170), up to a very recent period. In Adsit v. Brady, Judge Bronson laid down the broad proposition that " when an individual sustains an injury by the...duty, the law gives redress to the injured party by an action adapted to the nature of the case." This case was, in turn, challenged by Selden, J., in Weet... | |
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