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Vi et armis

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55:, the defendant negligently discharged a firearm in a public place and caused the loss of the plaintiff's leg. The defendant was held to be liable for medical bills as well as lost earnings as a result of the disability. Thus, proof that the act or omission was unintended was no defense to an action of trespass 89:
was a precursor to many other forms of lawsuits at common law. The cause came to be formulaic and in many cases fictitious. For instance, a lawsuit against a defendant that had spoiled wine with salt water required an allegation that he had done so with bows and arrows. The ancient courts at common
90:
law developed trespass upon the case as an alternative pleading to causes of action which arose neither from force nor weapons. In modern times, the specific formalities of the distinction between the two have dropped in favor of
48:, where the act is in itself indifferent and the injury only consequential, and therefore arising without any breach of the peace." Thus it was "immaterial whether the injury was committed willfully or not." 44:
that the act committing the offense was "immediately injurious to another's property, and therefore necessarily accompanied by some degree of force; and by special action
70:
reported that monetary loss for detention from business as an indirect result of the injury were not recoverable under an action for trespass
148: 127:
although it was possible for both allegations to appear in a lawsuit when the intentional use of force or weapons breached the peace.
210: 66:
were limited only to the direct consequences of the act or omission causing the injury. For instance, the state of
103: 75: 143: 215: 153: 107: 91: 99: 204: 67: 120: 95: 25: 37: 41: 32:. The form of action alleged a trespass upon person or property 29: 59:
and the liable party would pay for all consequent damages.
40:
for "by force and arms." The plaintiff would allege in a
123:", was necessarily not a required element of trespass 74:, but were available under the related action of 162: 160: 8: 136: 7: 62:Recovery for damages for a trespass 149:Commentaries on the Laws of England 179:Barnum v. B. & O. Railroad Co. 14: 94:or code pleading and actions for 1: 232: 78:, also known as an action 192:Rattlesdene v. Grunestone 24:was a kind of lawsuit at 211:Latin legal terminology 113:The related phrase of 82:"against the wrong." 169:, 2 Hen & M. 423 104:trespass to chattels 76:trespass on the case 144:William Blackstone 116:contra pacem regis 167:Taylor v. Rainbow 53:Taylor v. Rainbow 223: 195: 188: 182: 176: 170: 164: 155: 152:, Vol. 3 p. 153. 141: 231: 230: 226: 225: 224: 222: 221: 220: 201: 200: 199: 198: 189: 185: 177: 173: 165: 158: 142: 138: 133: 119:, "against the 92:notice pleading 12: 11: 5: 229: 227: 219: 218: 213: 203: 202: 197: 196: 183: 171: 156: 135: 134: 132: 129: 13: 10: 9: 6: 4: 3: 2: 228: 217: 214: 212: 209: 208: 206: 193: 187: 184: 181:, 5 W. Va. 10 180: 175: 172: 168: 163: 161: 157: 154: 151: 150: 145: 140: 137: 130: 128: 126: 122: 118: 117: 111: 109: 105: 101: 97: 93: 88: 83: 81: 77: 73: 69: 68:West Virginia 65: 60: 58: 54: 49: 47: 43: 39: 35: 31: 27: 23: 22: 18: 191: 186: 178: 174: 166: 147: 139: 124: 121:King's peace 115: 114: 112: 86: 84: 79: 71: 63: 61: 56: 52: 50: 45: 33: 20: 19: 16: 15: 125:vi et armis 87:vi et armis 72:vi et armis 64:vi et armis 57:vi et armis 46:on the case 34:vi et armis 21:vi et armis 205:Categories 131:References 108:conversion 96:negligence 80:ex delicto 26:common law 190:See e.g. 85:Trespass 28:called a 216:Tort law 42:pleading 17:Trespass 194:(1317). 100:battery 106:, and 38:Latin 30:tort 110:. 51:In 207:: 159:^ 146:, 102:, 98:, 36:,

Index

common law
tort
Latin
pleading
West Virginia
trespass on the case
notice pleading
negligence
battery
trespass to chattels
conversion
King's peace
William Blackstone
Commentaries on the Laws of England



Categories
Latin legal terminology
Tort law

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