Judgment Search Results Home > Cases Phrase: campbell s lord acts english Court: uk supreme court Page 1 of about 1,012 results (0.107 seconds)

Michigan Central R. Co. Vs. Vreeland

Court : US Supreme Court

..... after a review of all the english cases construing the act of lord campbell: "that there is through them all the same principles of construction applied ..... for convenience in comparing lord campbell's act with the act of congress of 1908, the first and second sections of the former are set out ..... for pecuniary damage only, and the statute should be construed in this respect as lord campbell's act has been construed, page 227 u. s. ..... " did not appear in lord campbell's act, nor does it appear in our act of 1908. ..... that, in respect of state legislation prescribing the liability of such carriers for injuries to their employees while engaged in interstate commerce, this act is paramount and exclusive, and must remain so until congress shall again remit the subject to the reserved police power of the states. ..... lord campbell's act. ..... statute, in giving an action for the benefit of certain members of the family of the decedent, is essentially identical with the first act which ever provided for a cause of action arising out of the death of a human being -- that of 9 and 10 vict. ..... the party claiming was held to be entitled or not to be entitled, the scale of compensation acted upon by the jury was approved or disapproved, in view of the immediate circumstances; but in no case has it been attempted to decide by anticipation what are the limits beyond which the benefit of the ..... bolton, 1 campbell 493, lord ellenborough ruled that, "in a civil court, the death of a human being could not be complained of .....

Glona Vs. American Guar. and Liab. Ins. Co.

Court : US Supreme Court

..... [ footnote 2/2 ] an english statute, lord campbell's act, 9 & 10 vict., c. ..... this is merely an application of the principle that statutes patterned after lord campbell's act which use the word 'kin' mean legitimate kin, and that, where such statutes say 'father' or 'mother,' 'children,' 'brothers' or 'sisters,' they mean only legitimate father, mother, children, brothers or sisters." s. ..... " it is noteworthy that english and canadian courts held the words "child" and "parent" to exclude illegitimate relationships. ..... 93 (1846), "has served as the model for similar acts in most of the states in this country." f. ..... [ footnote 8 ] if the illegitimate son were killed in an industrial accident at his place of employment, the mother would be eligible for recovery under the louisiana workmen's compensation act, if she were a dependent of his. ..... tug shrike, 332 f.2d 330, the fourth circuit looked to virginia law to determine whether the plaintiff was a "widow" entitled to bring suit under the jones act, 41 stat. ..... 570 , arising under the copyright act, 61 stat. ..... 489 , arising under the federal employers' liability act, 35 stat. ..... tiffany, death by wrongful act 5 (2d ed. .....

C.K. Subramania Iyer and ors. Vs. T. Kunhikuttan Nair and Six ors.

Court : Supreme Court of India

Reported in : AIR1970SC376; (1969)3SCC64; [1970]2SCR688

..... english couns have formulated certain basis for calculating damages under lord campbell's acts. ..... 188: 'where a claim is made under lord campbell's acts, as it is here, it is not only a question of the expectation of the life of the ..... scope of section 1 of the campbell's acts was considered by the house of lords in davies and anr. v. ..... 601 dealing with the mode of assessment of damages under that section lord russel of killowen observed :the general rule which has always prevailed in regard to the assessment of damages under the fatal accidents act is well-settled, namely, that any benefit accruing to a dependant by reason of the relevant death must be taken into ..... known as the lord campbell's acts. ..... that, in any such action or suit, the executor, administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased.5. ..... 1a is in substance a reproduction of the english fatal accidents acts 9 and 10 vict. ch. ..... 2 corresponds to one of the provisions in the english law reform (miscellaneous provisions) act, 1934.6. ..... these acts provided a new 'cause of action and did not merely regulate or enlarge an old one', as lord summer observed in admiralty commissioners v. s. ..... lord wright stated the law on the point thus :the general nature of the remedy under the fatal accidents acts has often been .....

The Harrisburg

Court : US Supreme Court

..... suit in rem could not be maintained by the administratrix against a vessel, under the statute of virginia which gave an action for damages caused by the death of a person, even though the tortious act was committed within the territorial limits of the state, but that the widow and child of the deceased man had a right of action, by a libel in rem, under the general maritime law, ..... would lie without the aid of a statute, and the statute of the province of ontario, where the wrong was done, and which was substantially the same as lord campbell's act, provided that the action should be brought in the name of the administrator of the deceased person. ..... of the english courts, where an action of the kind could not be maintained until lord campbell's act, 9 & ..... , supra, it was decided that even since lord campbell's act, a suit in rem could not be maintained ..... rely for their jurisdiction on any rule of the maritime law different from that of the common law, but on their opinion that the rule of the english common law was not founded in reason, and had not become firmly established in the jurisprudence of this country. ..... 199 appeal from the circuit court of the united states for the eastern district of pennsylvania syllabus in the absence of an act of congress or a statute of a state giving a right of action therefor, a suit in admiralty cannot be maintained in the courts of the united states to recover damages for the death of a human being ..... recited in that act, and so said by lord blackburn in .....

Moragne Vs. States Marine Lines, Inc.

Court : US Supreme Court

..... [ footnote 13 ] similarly, when parliament abrogated the english common law rule by passing lord campbell's act, it provided that "nothing therein contained shall apply to that part of the united kingdom called ..... the unseaworthiness doctrine has become the principal vehicle for recovery by seamen for injury or death, overshadowing the negligence action made available by the jones act, see gilmore & black, supra, at 315-332, and it has achieved equal importance for longshoremen and other harbor workers to whom the duty of seaworthiness was extended because they perform work on the ..... the rule of the tungus was unsound; that the florida supreme court's decision in this case was the first since the tungus in which a state court had read its wrongful death act to exclude unseaworthiness, and that the lack of uniformity thus produced dictated a reexamination of the tungus and adoption of the views of the dissenters in that case. ..... in the united states did not rely for their jurisdiction on any rule of the maritime law different from that of the common law, but [only] on their opinion that the rule of the english common law was not founded in reason, and had not become firmly established in the jurisprudence of this country. ..... first statute partially abrogating the rule was lord campbell's act, 9 & 10 vict., c. ..... the english house of lords, in 1937, emasculated the rule without expressly overruling ..... lord sumner agreed, relying in part on the fact that this court had adopted the english rule .....

Martin's Administrator Vs. Baltimore and Ohio R. Co.

Court : US Supreme Court

..... court of law in this state shall abate by the death of either of the parties to such action, but upon the death of any defendant in a case where the action by such death would have abated before this act, the action shall be continued," and, in a real action, "the heir or devisee of the deceased, or tenant in possession, or other proper person to defend in such action," and, in an action "to recover personal ..... 700 5, 6, of the code, "embracing what is known as 'lord campbell's act,' giving a right of action to the representative against any party wrongfully ..... 710 a verdict and judgment in this case before the plaintiff died; 2, there was no provision in the english statute, as there is in the west virginia code, giving the right of revivor where the plaintiff or defendant dies pending the action, "whether the cause of ..... waymark, above cited, was the construction placed on the english statute, upon which the first section and the first clause of the second section of chapter 127 of ..... which an action might have been brought by a person in his lifetime, in which the code of west virginia authorizes an action to be brought by his personal representative is that of a wrongful act, neglect, or default, causing death, in which case chapter 103, entitled "of actions for injuries," provides in 5 and 6, following the english statute of 9 and 10 vict. c. ..... exactly, adopt the rule of the common law that a personal action dies with the person, as modified by the english statutes of 4 edw. ..... english .....

Gobald Motor Service Ltd. and anr. Vs. R.M.K. Veluswami and ors.

Court : Supreme Court of India

Reported in : AIR1962SC1; [1962]1SCR929

..... the corresponding provisions of the english fatal accidents acts has been discussed by the house of lords in davies v. ..... 606 thus : 'the general rule which has always prevailed in regard to the assessment of damages under the fatal accidents acts is well settled, namely, that any benefit accruing to a dependant by reason of the relevant death must be taken ..... the lord campbell's acts. ..... was whether and to what extent deductions would have to be made in giving compensation both under the english fatal accidents acts and the law reform (miscellaneous provision) act, 1934. ..... 1 of the act is in substance a reproduction of the english fatal accidents acts, 9 & 10 ..... of damages, the high court confirmed the amount of compensation awarded to the plaintiffs 2 to 7 both under sections 1 and 2 of the act, but in regard to the first plaintiff, it reduced the compensation awarded to him from rs. ..... in substance a reproduction of the english fatal accidents acts, 9 and 10 vict. ch. ..... the true rule is that the master is only responsible so long as the servant can be said to be doing the act, in the doing of which he is guilty of negligence, in the course of his employment as servant.' 11. ..... : 'whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if ..... as the lord campbell's acts, s .....

Central Vermont Ry. Co. Vs. White

Court : US Supreme Court

..... the employers' liability act is substantially like lord campbell's act, except that it omits the requirement that the ..... under lord campbell's act, and in a few of the american states, the jury apportion damages in case of death by negligence of defendant, but the omission of this requirement in the employers' liability act indicates the intention of congress to follow the practice in most of the ..... upon the law of the place where the suit is brought, matters of substance in regard to an action based on a federal statute depend upon the statute, and in an action under the employers' liability act, the burden of proof as to whether the employee was guilty of contributory negligence is a matter of substance, and not of mere state procedure. ..... that omission clearly indicates an intention on the part of congress to change what was the english practice so as to make the federal statute conform to what was the rule in most of the states in ..... under lord campbell's act (9 ..... is nothing in the federal statute indicating an intent to change the state rule as to the burden of proof, and it is claimed that, because of the court's mistaken construction of the federal act, the railway company has been deprived of a right to which it was entitled under the laws of vermont. ..... of error to review a judgment of the state court in an action under the federal employers' liability act, this court considers only assignments relating to matters of practice, pleading, and evidence involving the construction of .....

The State of Bombay Vs. R.M.D. Chamarbaugwala

Court : Supreme Court of India

Reported in : AIR1957SC699; (1957)59BOMLR945; (1957)35MysLJ(SC)283; [1957]1SCR874

..... 339 and was upheld by the privy council as not repugnant to the english common law were subsequently prohibited by act xxi of 1948 which was enacted on the suggestion of lord campbell made in that case and introduced in india provisions similar to those of the english gaming act (8 & 9 vict. c. ..... was made absolute and it was further ordered that the state of bombay, its servants and agents, do forbear from enforcing or taking any steps in enforcement, implementation, furtherance or pursuance of any of the provisions of the impugned act and the 1952 rules made thereunder and particularly from enforcing any of the penal provisions against the petitioners, their directors, officers, servants or agents and that the state of bombay, its servants and ..... agents, do allow the petitioners to carry on their trade and business of running the prize competition mentioned in the petition and do forbear from demanding, collecting or recovering from the petitioners any tax as provided in the impugned act or the said rules in respect of the said prize competition and that the state of bombay do pay to the petitioners their costs of the said applications. 10. ..... the penal provisions of the english act and the decision to the court of appeal throw no light on the construction of our definition clause. ..... 26 of the english betting and lotteries act, 1934 (24 and 25 geo. v. c. .....

Beauharnais Vs. Illinois

Court : US Supreme Court

..... footnote 5/10 ] the new york constitution at that time contained no free speech provision, but the case led to a provision included in the constitution of 1821 which both followed fox's libel act and anticipated lord campbell's act, and has remained in the several constitutions of that state since: "every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that ..... oppressive application of the english libel laws was partially checked when fox's libel act of 1972 allowed the jury to determine whether an accused publication was libelous in character, and more completely when lord campbell's libel act of 1943 allowed truth ..... admitting a particular state, stating therein that the constitution of the state in question was consistent with the federal constitution, or else the congressional act would provide that the state would be admitted upon its adoption of a constitution consistent with the federal constitution. ..... truth in certain types of libel prosecutions: "in prosecutions for the publication of papers investigating the official conduct of officers, or of men acting in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. ..... explained in a letter to abigail adams, dated september 11, 1804, that to strike down the alien and sedition act would not "remove all restraint from the overwhelming torrent of slander which is confounding all vice and virtue, all .....