Author : New York State Bar Association
Release : 2013-09
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Book Rating : 107/5 ( reviews)

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Proceedings and Committee Reports - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Proceedings and Committee Reports write by New York State Bar Association. This book was released on 2013-09. Proceedings and Committee Reports available in PDF, EPUB and Kindle. This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...of its own best interests, and typified in the prudent man. Where long usage or the decisions of courts and juries have applied this standard to a given state of facts, it becomes absolute; otherwise it is to be asserted by the practical sense of the jury. But in either case the individual is required to submit himself to this external standard, and his own mental condition is, with few exceptions, which are mainly survivals of the older law, ordinarily of no consequence. Norn--It will be observed that this paper discusses only the subject of malice as affecting liability. As afiecting the degree of liability--z'. e., mitigation or aggravation of damages--it has been necessarily ignored, though this is a most important branch of the main subject. The occasion willexcuse the unqualified use of some broad statements, to which exceptions might be taken. It would have been impossible to notice all such exceptions and qualifications. The writer acknowledges his obligations to Mr. Holmes' excellent work on The Common Law, to Mr. BigeloW's Leading Cases on the Law of Torts and to Sir H. S. Maine's Ancient Law, in preparing this paper. Mr. TmsoDoRu BaooN, of Rochester, read the following essay: PROFESSIONAL COMITY. I find that this Association, in which I have not the honor of membership, is formed, among other objects, to elevate the standard of integrity, honor and courtesy in the legal profession, and to cherish a spirit of brotherhood among the members thereof. It cannot, therefore, be altogether out of place, if I am justified in accepting at all an invitation to address you, to say something about that comradeship which is thus commemorated in the second article of...