...executor. Here, then, is the grand fundamental distinction, says Lord Jtcinsjield. If it is a sortof injury, by which the offender acquires no gain to...himself, at the expense of the sufferer, as beating, imprisonment, &c. there the person injured himself has only an action for a reparation in damages ;...

...lights, diverting a water-course, escape against the Sheriff, and many other Cases of the like kind. If it is a sort of Injury by which the Offender acquires...of the sufferer, as beating, or imprisoning a man, &c. there, the person injured has only a reparation for the delictum in damages to be assessed by a...

...Mansfield, in the case of Hambly v. Trott (c). " Where the cause of .action is a tort, or arises ex delicto; if it is a sort of injury by which the offender acquires...no gain to himself at the expense of the sufferer, the action dies (a) 1 PW 407. (6) Turner v. Buck, 22 Vin. Ab. 528. with the person : but where, besides...

...Lattiinore v. Simmons, and generally in the other cases, and which is this: If it is a sort of injur)»by which the offender acquires no gain to himself at the expense of the sufferer; but where, besides the crime, property is acquired which benefits the testator, 2. while an action...

...liable.' These are the words Sir Thomas Raymond refers to. Here, therefore, is a fundamental distinction. If it is a sort of injury by which the offender acquires...of the sufferer, as beating or imprisoning a man, &c. there the person in* jured has only a reparation for the delictum in damages to be assessed by...

...to. Here, therefore, is a fundamental distinction. BXISTOw. If i t i sa sort o f ; n j ur y by w hich the offender acquires no gain to himself at the expense...of the sufferer, as beating or imprisoning a man, &c. there the person injured has only a reparation for the delictum in damages to be assessed by a...

...himself at the expense of the sufferer, as beating or imprisoning a man, &c. there the person in-« jured has only a reparation for the delictum in damages to be assessed by a jury. But where besides the crime property is acquired which benefits the testator, there an action for the...

...had and received by the testator to the plaintiff's use. The fundamental distinction, then, is this : If it is a sort of injury by which the offender acquires no gain to himself at the expence of the sufferer; as for example, beating or imprisoning a man, there the person injured has...

...upon the cause of action and the form of action. He observes, " There is a fundamental distinction: if it is a sort of injury by which the offender acquires...of the sufferer, as beating or imprisoning a man, £cc., there the person injured has only a reparation for the detictum in damages, to be assessed by...

...cause of action, and the form of action. He observes (6) that there " is a fundamental distinction. If it is a sort of injury by which the offender acquires...of the sufferer, as beating or imprisoning a man, &c. there, the person injured has only a reparation for the delictum in damages to be assessed by a...