词条 | Fouldes v Willoughby |
释义 |
| name = Fouldes v Willoughby | court = Exchequer Court | image = Bidston, Birkenhead & Rock Ferry RJD 74.jpg | date_filed = | date decided = | full name = | citations = (1841) 8 M&W 540, 151 ER 1153, (1841) 1 Dowl NS 86, (1841) 5 Jur 534, (1841) 10 LJ Ex 364 | judges = Lord Abinger CJ, Rolfe B | prior actions = | subsequent actions = | opinions = | transcripts = | Keywords = Conversion }} Fouldes v Willoughby (1841) 8 M&W 540 is a leading English law case on the tort of conversion. FactsThe owner of two horses had come on board a ferry from Birkenhead to Liverpool. The ferryman refused to carry the horses. The owner refused to take them back on shore, and so the ferryman took the bridle from the owner turned the horses loose at the landing. The owner stayed put on board, and did not try to get the horses back. He sued the ferryman for conversion. The judge at the trial told the jury that the defendant ferryman, by taking the horses from the plaintiff and turning them out of the vessel, had been guilty of a conversion. The ferryman appealed. JudgmentThe Exchequer Court held that the ferryman was not guilty of conversion, because there was no interference with the plaintiff's "general right of dominion" over the horses. “In my opinion,” said Lord Abinger CJ,
Rolfe B gave a now well recognised definition of conversion that it is,
Instead, the ferryman was liable for trespass. See also
4 : English tort case law|Court of Exchequer Chamber cases|1841 in case law|1841 in British law |
随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识,基本涵盖了大多数领域的百科知识,是一部内容自由、开放的电子版国际百科全书。