Court : US Supreme Court
..... and there is a case in one of the books, where a gun went off by accident, and wounded a person, and it was held that trespass lies. ..... i admit that he is clearly so; and that no defence he could make, founded on ignorance, accident, or mistake, could avail him on such suit by talbot. .....
Tag this Judgment!Court : US Supreme Court
..... rabb to serve it on the witness, who lived at a distance; that he had, likewise, sent, by the messenger, a letter to his brother, requesting him to see that the subpoena was served, and the witness expedited, in case of any accident to rabb; that the witness was material, without whose testimony, the defendant could not safely go to trial; that rabb had not returned, nor had the defendant heard any thing of him since his ..... having thus, on a former, as well as on the present, occasion, pursued every prepatory step, which the law requires, to procure the attendance of the witness, we think it would be unreasonable to take advantage of any accident, that may have happened to the messenger. .....
Tag this Judgment!Court : US Supreme Court
..... when collected remained in smith's hands above a year as the money of fairchild; there was no assignment of these notes to the plaintiffs, in any other way than by endorsing a memorandum on the paper which inclosed them, that in case of accident they were obligations on account of rapalje & mercier, merchants in new york. ..... jacob van voorhis, ram rapalje, and peter mercier, merchants of new york, together with outstanding debts; this is in case any accident happens to me. .....
Tag this Judgment!Court : US Supreme Court
..... vexation must flow from a worse source than ignorance, or accident: it is generally instigated by malice; and always characterised by vigilance. .....
Tag this Judgment!Court : US Supreme Court
..... , enjoy all the benefits of such, and afterwards return to his own country and claim, and enjoy all the privileges of a citizen there without the least possibility of the public knowing otherwise than from accident whether he has become a citizen of another government or not. .....
Tag this Judgment!Court : US Supreme Court
..... it is not pretended, that there was any accident in the case; and, therefore, the act must have been wilful. .....
Tag this Judgment!Court : US Supreme Court
..... whether, if first violated by the latter, it was a violation in an important or an inconsiderable article; whether the violation was by design or accident, or owing to unforeseen obstacles; whether, in short, it was wholly or partially without excuse. 3. ..... a robber or an individual coming to the possession of it by accident acquires no more title to the money than he had before. ..... by any general rule, and if conscientiously used (of which each nation must judge for itself), the principle applies as well to property, which was in the country before the war began, as to any other which may be accident come into its possession. .....
Tag this Judgment!Court : US Supreme Court
..... before the motion was argued, du ponceau filed another affidavit stating, that the delay in issuing process was by mistake and accident; and not from motives of malice and oppression; that he had heard lewis was to make the present motion near a year ago; and that in expectation it would be made, he had suspended the proceedings on the part of .....
Tag this Judgment!Court : US Supreme Court
..... the plaintiff's counsel, urged the injustice, that would be done, by a mere matter of accident and surprise, if the rising of the court, a day earlier than the usage, should be the ground of quashing the present suit. .....
Tag this Judgment!Court : US Supreme Court
..... that the injury was occasioned by an unavoidable accident, for which no reparation ought to be exacted. 2d. ..... the first object, that naturally presents itself, is to ascertain, whether the injury complained of, was the consequence of gross negligence, or of mere accident? .....
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