The American Law Register, Vol. 27: For the Year 1888 (Classic Reprint) - Couverture rigide

Cooley, T. M.

Couverture rigide

ISBN 10 : 0265998611 ISBN 13 : 9780265998618

Editeur : Forgotten Books, 2019

Synopsis

Excerpt from The American Law Register, Vol. 27: For the Year 1888

Considering our Pennsylvania decisions upon this question of damages, this principle must be borne in mind for example, under the General Railroad Law of 1849, where any portion of a man's land was taken, the injury to the remaining land was not damnum absque injuria, beams the statute provided a remedy for such injury, but where no land was taken a similar injury to a neighbor was damnurn aboque injuria, because the statute only provided a remedy where one's land was taken; hence the intention of the Constitution of 1874 was to provide a remedy where no portion of one's land had been taken to prevent that being damnum absqus injuria, which, under the earlier statute of 1849, had been so.

Accepting Mr. Justice S'rnrnmrs' definition of the maxim as correct, the theory that the word injured in the Constitution means a wrong in the sense that the word means the common law only, is not sound for the words remedy and wrong are correlative terms, and instead of the wrong isting without the remedy, it is the existence of the remedy that creates the wrong. Now, the Constitution, by pro viding the remedy, establishes the wrong, when any man's property is injured, compensation shall be made.

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Détails de l'édition

• Éditeur: Forgotten Books
• Date d'édition: 2019
• Langue: anglais
• ISBN 10: 0265998611
• ISBN 13: 9780265998618
• Reliure: Relié
• Nombre de pages: 875
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