 | California. District Courts of Appeal - 1923 - 926 páginas
...damages are excessive. [3] Because it is declared by section 377 that in actions of this character "such damages may be given as under all the circumstances of the case may be just," it is claimed that the amount of the award is exclusively a matter for the jury with which the trial judge... | |
 | 1923 - 1226 páginas
...consideration Just mentioned. Section 9076 above provides: "In every action under this • • • section, such damages may be given as under all the circumstances of the case may be just." But (hat statute presupposed that the Jury will be instructed properly as to the ele. ments to be considered... | |
 | California - 1923 - 952 páginas
...conduct, then also against such other person. In every action under this and the preceding ?ection, s giv Enacted March 11. 1872; amendment approved March 24, 1874, Code Amdts. 1873-4, p. 294; by Code Commission.... | |
 | California. District Courts of Appeal - 1923 - 962 páginas
...at the time of the injury, but under section 377 of the Code of Civil Procedure such damages are to be given "as under all the circumstances of the case may be just." Among other circumstances which were proper to be considered were those showing the close, continuous,... | |
 | 1924 - 1262 páginas
...employed by another person who is responsible for his con• duct, then also against such other person. In every action under this and the preceding section,...as under all the circumstances of the case may be juat." Under this statute, and manj authorities upholding recoveries at least equal to that in this... | |
 | 1894 - 1052 páginas
...employed by another person who is responsible for his conduct then also against such other, person. In every action under this and the preceding section,...under all the circumstances of the case may be Just." The petitioner claims that in this case the alleged negligent act was on the high seas off the coast... | |
 | 1909 - 1062 páginas
...deprivation. The language of the statute under which the action at bar was brought is : "That such dnmnges may be given as, under all the circumstances of the case, may be Just" The court below distinctly, and properly, instructed the jury that they could award damages as a pecuniary... | |
 | John Burnett Rosson - 1926 - 108 páginas
...and adults* In either case the measure of damages is based on section 377 which states that " * * * such damages may be given as under all the circumstances of the case may be Just." This broad rule has been narrowed and the courts have consistently held that the damages must be limited... | |
 | 1882 - 542 páginas
...where the statute provides that in case of injury to minors, or their death, or the death of adults, such damages may be given "as, under all the circumstances of the case, may be just." The action was against a railroad company for running over plaintiff's child with a locomotive engine,... | |
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... is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct,... 
