Fitter against Veal
Jurisdiction | England & Wales |
Judgment Date | 01 January 1796 |
Date | 01 January 1796 |
Court | High Court |
English Reports Citation: 88 E.R. 1506
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER
case 908. fitter against veal. If, after recovering damages in an action of assault, battery, and wounding, the plaintiff is put to great expence, in consequence of the injury he received, yet he cannot bring a second action to recover further compensation for the consequential damage he sustains; for it shall be intended that the jury considered all possible consequences on the trial of the first action.-S. C. 1 Salk. 11. S. C. 1 Ld. Bay. 339, 692. S. C. Holt, 12. It was a special action of trespass, in which the plaintiff declared of a battery and wounding of him at such a time, for which he brought trespass, and recovered damages for the beating and wounding; but that since that time, by reason of the wounding, he was fain to be trepanned, and have a bone taken out of his skull, so that he thereby became maimed ; and the former recovery being pleaded in bar, The question was, if this action did now lie? Sir B. Shower urged that it did, for that nothing was recovered for the maim before, for it was not known or in being at the time of the former recovery; and the question is, whether an action will not lie for a consequential damage that happens to one from the wrong of another...
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Cartledge v E. Jopling & Sons Ltd
...141), only one action may be brought in respect of all the damage from personal injury. 35In 1701 in the case of ( Fitter v. Veal 12 Mod. 542 and 1 Lord Raymond 339, 692; 1 Salkeld 11) the plaintiff after recovering damages for an assault and battery discovered that his injuries were more ......
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Wigmans v AMP Ltd
...263 FCR 92 at 127 [155]. 105 Sparry's Case (1589) 5 Co Rep 61a at 61a [ 77 ER 148 at 148] (footnote omitted). 106 See Fitter v Veal (1701) 12 Mod 542 [ 88 ER 1506]. cf Burrows, Remedies for Torts, Breach of Contract, and Equitable Wrongs, 4th ed (2019) at 107 Moyle v West (1553) 1 Dyer 92b ......
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Foley v. Greene, (1990) 85 Nfld. & P.E.I.R. 156 (NFTD)
...126 D.L.R.(3d) 681 (Ont. C.A.), consd. [para. 25]. Fitter v. Veal (1701), 12 Mod. 542, (sub. tit Fetter v. Beale) 1 Ld. Raym. 339, 692; 88 E.R. 1506, not folld. [para. Derrick v. Williams, [1939] 1 All E.R. 559 (C.A.), refd to. [para. 28]. Johnson v. Mount Albert B.C., [1979] 2 N.Z.L.R. 234......
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Johnson v. Johnson, 2001 MBCA 203
...(C.A.), refd to. [para. 27]. Gray v. Reeves (1992), 64 B.C.L.R.(2d) 275 (S.C.), refd to. [para. 29]. Fitter v. Veal (1701), 12 Mod. 542; 88 E.R. 1506 (K.B.), refd to. [para. Fetter v. Beale - see Fitter v. Veal. Statutes Noticed: Limitation of Actions Act, R.S.M. 1987, c. L-150; C.C.S.M. c.......