 | 1896 - 866 pages
...express exception. An insane person mav be liable for burning the property of another, for the reason that where a loss must be borne by one of two innocent persons, it must fall upon the one occasioning that loss; yet the burning of his own insured property does not... | |
 | Isaac Grant Thompson - 1873 - 802 pages
...the acts which he performs when in that condition ? It seems to me that he ought, on the principle that where a loss must be borne, by one of two innocent...persons, it shall be borne by him who occasioned it. As between fte contracting parties, whero one of them is so drunk as not to know what he is doing,... | |
 | 1875 - 462 pages
...consequences of bis infirmity, as he in liable to bear his misfortunes on the principle that when a loss is to be borne by one of two innocent persons, it shall be borne by him who occasioned it. A merchant, like any other man, may be mad without showing it, and when such a man goes into the market,... | |
 | Isaac Grant Thompson - 1876 - 854 pages
...and force. He says: " It is a general and just rule, that when a loss has happened which must fall on one of two innocent persons, it shall be borne by him who is the occasi Jn of the loss, even without any positive fault committed by him, but more especially... | |
 | 1883 - 994 pages
...bear the consequences of his inñrrnity. as he is liable to bear his misfortunes, on the principle that where a loss must be borne by one of two innocent...persons, it shall be borne by him who occasioned it." This was quoted approvingly in Laniinstrr v. Мочге, 78 Pa. St. i:t!. and is substantially the... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1883 - 770 pages
...word is usually understood, but, in the language of Chief Justice GIBSON, supra, " on the principle that where a loss must be borne by one of two innocent persons, it should be borne by him who occasioned it." For the reasons given, it follows as a logical sequence... | |
 | 1883 - 572 pages
...infirmity as he is liable to bear his misfortunes, on the principle that where a loss must be borne by oue of two innocent persons, it shall be borne by him who occasioned it.' In the same line of reasoning are the recent cases of Lancaster County Bank v. Moore, 78 Penn. St.... | |
 | Isaac Grant Thompson - 1884 - 880 pages
...word is usually understood, but in the language of Chief Justice GIBSON, supra, " on the principle that where a loss must be borne by one of two innocent persons, it should be borne by him who occasioned it." For the reasons given, it follows as a logical sequence... | |
 | 1909 - 672 pages
...country and in the British Colonies. These decisions must be regarded as survivals of the ancient rule that where a loss must be borne by one of two innocent persons, it shall be borne by him who acted. Inasmuch as nearly all the English writers upon torts, and many of the American writers also,... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1890 - 1210 pages
...competent understanding. CHIEF JUSTICE GIBSON based the lunatic's liability in such cases on the principle that where a loss must be borne by one of two innocent...persons, it shall be borne by him who occasioned it; he is liable to bear the consequences of his infirmity, as he is liable to bear his misfortunes." Wirebach... | |
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... on the principle that where a loss must be borne by one of two innocent persons, it shall be borne by him who occasioned it. 
