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Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 68 pdf

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 68.cAnonymous
Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 68
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Author: Anonymous
Page Count: 332 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781230096506
File Name: Report.of.Cases.Determined.by.the.Supreme.Court.of.Appeals.of.West.Virginia.Volume.68.pdf
Download Link: Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 68
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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. 1911 edition. Excerpt: ...an injury alleged to have been caused by its violation. Though the statute provides only for a fine or imprisonment, still an action lies for damages caused by its non-observance. The plaintiff, if his allegations are true, is one of a class for the benefit of which the statute' was enacted. Any boy under the age of fourteen years who is injured by reason of his unlawful employment in a coal mine-may maintain a civil action for damages in the premises against the mine operator, agent or foreman who has failed to observe the law and thereby caused the boy's injury. "One who disobeys the law subjects himself to any proceeding, civil or criminal, which the same law has ordained for the particular case. In the absence of which ordaining, or in the presence of it when not interpreted as excluding other methods, he is liable to those steps which the common law has provided for cases of the like class; as, to an indictment, or to a civil action, or to both, according to the nature of the offending. The civil action is maintainable when, and only when, the person complaining is of a class entitled to take advantage of the law, is a sufferer from the disobedience, is not ' himself a partaker in the wrong of which he complains, or is not otherwise precluded by the principles of the common law from his proper standing in court." Bishop on Non-contract Law, section 141. Many and varied are the views that have been expressed as to the consideration of evidence in regard to violation of a statute in cases like the one at hand. It is not our purpose to cite and reyiew the decisions on' the subject. In explanation of the state of judicial holding in this behalf, it suffices to quote from two well known texts: "Upon...

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