The chief incidents of Rhodian history during this period are a memorable siege by Demetrius Poliorcetes in 304, who sought in vain to force the city into active alliance with King Antigonus by means of his formidable fleet and artillery; a severe earthquake in 227, the damages of which all the other Hellenistic states contributed to repair, because they could not afford to see the island ruined; some vigorous campaigns against Byzantium, the Pergamene and the Pontic kings, who had threatened the Black Sea trade-route (220 sqq.), and against the pirates of Crete.
If he let the flock feed on a field of corn he had to pay damages four-fold; if he turned them into standing corn when they ought to have been folded he paid twelve-fold.
This is awarded by the Code for corporal injuries to a muskinu or slave (paid to his master); for damages done to property, for breach of contract.
The owner of an ox which gored a man on the street was only responsible for damages if the ox was known by him to be vicious, even if it caused death.
On the other hand carelessness and neglect were severely punished, as in the case of the unskilful physician, if it led to loss of life or limb his hands were cut off, a slave had to be replaced, the loss of his eye paid for to half his value; a veterinary surgeon who caused the death of an ox or ass paid quarter value; a builder, whose careless workmanship caused death, lost his life or paid for it by the death of his child, replaced slave or goods, and in any case had to rebuild the house or make good any damages due to defective building and repair the defect as well.
Set aside) the sentence and award damages to the party aggrieved.
That this is so is indicated by the fact that, although the railways - always made to suffer severely in pecuniary damages for injuries for which their officers or servants are held responsible by the courts - have for years taken almost every conceivable precaution, the number of accidents, in proportion to the number of persons travelling, diminishes but slowly - so slowly that, in view of the variety of conditions to be considered, it would hardly be safe to conclude that the diminution is due to any definite improvement in the safeguards provided.
Railways have always been held by the legislatures and by the courts strictly accountable for their shortcomings, so far as accountability can be enforced by compelling the payment of damages to victims of accidents; but in spite of this, a want of enterprise and even some apparent neglect of passengers' and servants' plain rights, have often been apparent, and the Board of Trade, with its powers of supervision, inspection and investigation, must therefore be classed as one of the most beneficent factors in the promotion of safety on British railways.
Exclusive, in like manner, of equipment, terminals or land damages, is about b70,000 to L200,000 a mile.
The first of these awarded damages to the company which had sustained a secondary boycott.
He was sued for libel for printing a rebuke to some of his parishioners who had travestied the sacrament of the Lord's Supper; and after several years in the courts he was ordered to pay damages of £150, which was raised by his parishioners.
A breach of the covenant to repair gives the landlord an action for damages which will be measured by the estimated injury to the reversion if the action be brought during the tenancy, and by the sum necessary to execute the repairs, if the action be brought later.
In neither case is there ground for damages (Art.
In the autumn of 1365 he sacked Alexandria; in 1367 he ravaged the coast of Syria, and inflicted serious damages on the sultan of Egypt.
English law has largely moulded, for example, criminal and commercial law and the law of evidence; the development of the law of corporations, damages, prohibitions and such extraordinary remedies as the mandamus has been very similar to that in other states; while in the fusion of law and equity, and the law of successions, family relations, &c., the civil law of Spain and France has been unaffected.
Arbitrators strictly so called may (as in the " Alabama " case) proceed to award damages after they have decided the question of liability; whilst " mixed commissions," before awarding damages, usually have to decide whether the pecuniary claims made are or are not well founded.
The financial situation in Venezuela was for a long time extremely complicated and discreditable, owing to defaults in the payment of public debts, complications arising from the guarantee of interest on railways and other public works, responsibility for damages to private property during civil wars and bad administration.
In the civil wars the government was also held responsible for damages to these properties and for the mistreatment of foreigners residing in the country.
In the end he recovered damages from the high bailiff.
The Employers' Liability Act of 1902 (amended and broadened in 1910) holds an employer liable for damages in any case in which one of his employees sustains a personal injury by reason of the negligence of the employer, of a sub-contractor, of a superintendent, or any other person in the employer's service whose duty it was to see that " the ways, works or machinery connected with or used in the business," were in proper condition, or whose duty it was to " direct ...
All controversies of a civil nature, and any question of personal injury on which a suit for damages will lie, although it may also he indictable, may be referred to arbitration; but crimes, and perhaps actions on penal statutes by ntary common informers may not.
It required some fifteen or more years to repair damages from this outbreak, and to confine the stream by new embankments.
4), for loss of property caused by felony, or - under the Riot (Damages) Act 1886 - to persons whose property has been stolen, destroyed or injured by rioters (see Riot).
The question of damages was reserved for further discussion, but either party was to be at liberty to submit any question of fact to the arbitrators, and to ask for a finding thereon.
The question of damages, which had been reserved, was ultimately settled by a mixed commission appointed by the two powers in February 1896, the total amount awarded to the British sealers being $473,151.26.
Under the " Alabama " arbitration Great Britain paid to the United States damages to the amount of $15,500,000, while the German Emperor decided the San Juan boundary in favour of the United States.
Where an intending borrower breaks his agreement to borrow, specific performance will not be granted, and the damages recoverable must be measured by the loss sustained through the breach and not by the sum agreed to be lent (The South African Territories, Limited v.
Since then a network of similar treaties, adopted by different nations with each other and based on the AngloFrench model, has made reference to the Hague Court of Arbitration practically compulsory for all matters which can be settled by an award of damages or do not affect any vital national interest.
The damages were laid at fio,000.
The tithe-owner cannot recover damages from the tithe-payer for not cultivating the land.
71; frequently cited) before the Illinois Supreme Court in July 1841 in which he argued against the validity of a note in payment for a negro girl, adducing the Ordinance of 1787 and other authorities; a case (tried in Chicago in September 1857) for the Rock Island railway, sued for damages by the owners of a steamboat sunk after collision with a railway bridge, a trial in which Lincoln brought to the service of his client a surveyor's knowledge of mathematics and a riverman's acquaintance with currents and channels, and argued that crossing a stream by bridge was as truly a common right as navigating it by boat, thus contributing to the success of Chicago and railway commerce in the contest against St Louis and river transportation; the defence (at Beardstown in May 1858) on the charge of murder of William ("Duff") Armstrong, son of one of Lincoln's New Salem friends, whom Lincoln freed by controverting with the help of an almanac the testimony of a crucial witness that between ro and II o'clock at night he had seen by moonlight the defendant strike the murderous blow - this dramatic incident is described in Edward Eggleston's novel, The Graysons; and the defence on the charge of murder (committed in August 1859) of "Peachy" Harrison, a grandson of Peter Cartwright, whose testimony was used with great effect.
The arbitrator will not award attorneyâ€™s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages.
(At Oxford and Cambridge many fellowships are now awarded on the results of examination; it is sometimes stated, in defence of this system, that young men cannot be expected to carry out research in classics or philosophy.) On the other hand, the defenders of examinations reply that (xiii.) examinations are necessary in order to test the efficiency of schools to which grants of public money are given (this argument has become somewhat out of date owing to the recent substitution of " inspection " for examination as a test of the efficiency of schools; a combination of inspection and examination is also sometimes used); (xiv.) they serve as a necessary incentive to steady and concentrated work 1 (the reply made to this is that the incentive is a bad one, and that with efficient teachers it is unnecessary); (xv.) they show both student and teacher where they have failed (unnecessary for efficient teachers); (xvi.) though possibly harmful to the highest class of men, they are good for the mass (reply: no system which damages the highest class of men is tolerable); (xvii.) they are indispensable as an impartial means of selecting men for the civil service; (xviii.) in a difficult examination like the first class civil service examination the qualities of quickness of comprehension, industry, concentration, power of rapidly passing 1 The Oxford commissioners of 1852 reported that " the examinations have become the chief instruments not only for testing the proficiency of the students but also for stimulating and directing the studies of the place " (Report, p. 61).
An objection to the construction of hedges of hazel is the injury not infrequently done to them by the nut gatherer, who "with active vigour crushes down the tree" (Thomson's Seasons, " Autumn"), and otherwise damages it.
" In 1899 a court in Larnaca, Cyprus, awarded 80 (Turkish) as damages for the loss of a snake's horn which had been lent to cure a certain disease " (Murison, p. 117, n.
The sinking fund consists of damages recovered against defaulting revenue collectors, railway stock and appropriations from time to time by the legislature.
When the clergy, refusing to acknowledge the authority of the Burgesses in reducing their stipends, and, appealing to the king against the Assembly, entered the courts to recover damages from the vestries, Patrick Henry at Hanover court in 1763 easily convinced the jury and the people that the old church was wellnigh worthless.
- Average, in modern law, is the term used in maritime commerce to signify damages or expenses resulting from the accidents of navigation.
The term average originally meant what is now distinguished as general average; and the expression "particular average," although not strictly accurate, came to be afterwards used for the convenience of distinguishing those damages or partial losses for which no general contribution could be claimed.
Shortly before the death of Charles, James brought, and won, a civil action against Oates, with damages of £ioo,000; in default of payment Oates was taken to prison; while there he was indicted for perjury, and was tried in May 1685, soon after the accession of James II.
Nezigin (" damages "), also known as Yeshu'ath (" deeds of help ").
"The judges," says Ross, "could not award interest for the money; that would have been contrary to law, a moral evil, and an oppression of the debtor; but, upon the idea of damages and the failure of the debtor in performance, they unmercifully decreed for double the sum borrowed."
Illegal imprisonment beyond seas renders the offender liable in an action by the injured party to treble costs and damages to the extent of not less than £50o, besides subjecting him to the penalties of praemunire and to other disabilities.
It was found that in the American case damages were claimed not only for the property destroyed by the Confederate cruisers, but in respect of certain other matters known as "indirect losses," viz.
The British agent then applied for an adjournment of eight months, ostensibly in order that the two governments might conclude a supplemental convention, it having been meanwhile privately arranged between the arbitrators that an extra-judicial declaration should be obtained from the arbitrators on the subject of the direct claims. On the 19th of June Count Sclopis intimated on behalf of all his colleagues that, without intending to express any opinion upon the interpretation of the treaty, they had arrived at the conclusion that "the indirect claims did not constitute upon the principles of international law applicable to such cases a good foundation for an award or computation of damages between nations."
Cockburn again dissenting) fixed the damages at $15,50o,000 in gold.
Mesne profits are profits derived from land whilst in wrongful possession, and may be claimed in damages for trespass either in a separate action or joined with an action for the recovery of the land.
Pacifico brought an action, laying the damages at £26,000.
The acts referred to include those relating to the diseases of animals, destructive insects, explosives, fish conservancy, gas meters, margarine, police, reformatory and industrial schools, riot (damages), sale of food and drugs, weights and measures.
Of the powers vested in the county authority under the Highway Act 1878, the most important are those relating to main roads, which are specially noticed hereafter; (ix.) the tables of fees to be taken by and the costs to be allowed to any inspector, analyst or person holding any office in the county other than the clerk of the peace and the clerks of the justices; (x.) the appointment, removal and determination of salaries of the county treasurer, the county surveyor, the public analysts, any officer under the Explosives Act 1875, and any officers whose remuneration is paid out of the county rate, other than the clerk of the peace and the clerks of the justices; (xi.) the salary of any coroner whose salary is payable out of the county rate, the fees, allowances and disbursements allowed to be paid by any such coroner, and the division of the county into coroners' districts and the assignments of such districts; (xii.) the division of the county into polling districts for the purposes of parliamentary elections, the appointment of the places of election, the places of holding courts for the revision of the lists of voters, and the costs of, and other matters to be done for the registration of parliamentary voters; (xiii.) the execution as local authority of the acts relating to contagious diseases of animals, to destructive insects, to fish conservancy, to wild birds, to weights and measures, and to gas meters, and of the Local Stamp Act i 869; (xiv.) any matters arising under the Riot (Damages) Act 1886.