swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Personal Injury - From: 1200 To: 1799
This page lists 2 cases, and was prepared on 02 April 2018.
Fabrigas v Mostyn [1746] EngR 160; (1746-1779) 2 Black W 929; (1746) 96 ER 549 (A)
1746
Personal Injury, Damages
And as to the excess of damages, the Court were all of opinion, that it was very difficult to interpose with respect to the quantum of damages in actions for any personal wrong. Not that it can be laid down, that in no case of personal injury the damages can be excessive. Some may be so monstrous atid excessive, as to be in themselves an evidence of passion or partiality in the jury. In the present case the injury was great, and the jury (not the Court) are to estimate the adequate satisfaction. No prejudice or mishehaviour of any kind are or can be imputed to the jury.
1 Citers
[ Commonlii ]
Fabrigas v Mostyn (1773) 20 St Tr 82; [1775] 1 Copp 161; [1775] 98 ER 1021
1775
Lord Mansfield CJ
Constitutional, Commonwealth, Personal Injury, Legal Professions
The plaintiff a native Minorquan sought to bring an action in England for an alleged assault and false imprisonment on him in Minorca by the Governor of Minorca. Held: Such an action could be brought. What foreign law is is a matter of fact to be determined by the provision of evidence, with the court assisting the jury to explain it. An action may not be brought against a judge on a court of record for something done by him in court. He may plead that it was done as such a judge, and that will be a complete defence.
1 Cites
