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Medley's first notable application as a precedent was in the English case of Regina v. Stephenswhere a quarry Medley R&R was successfully prosecuted for the obstruction of a public waterway with waste and excess rock mined from his quarry operations.
It was established at trial that Stephens at no time personally oversaw the day-to-day operations of the quarry, but consistent with the theories advanced in Medley, he was deemed accountable.
The Latin expression and civil law principle, respondeat superior "let the master answer"was applied in the Stephens case and became a short-form expression of how liability was assessed against company owners and directors in many legal decisions that followed.
It was not a valid defense for companies, in essence, to lay responsibility entirely on the shoulders of those who were carrying out their directives as employers to their employees.
As the evolving American legal system moved from the s and into the latter nineteenth century, there were decisions in a line of similar cases, including a number in the U.
Supreme Court, that culminated in the Dotterweich decision ofa case dealing with the duty of care imposed on a pharmaceutical company in the sale of rebranded drugs. Medley is also an early example of what is now popularly called "judicial activism," the notion that a court can act in the absence of a stated law to advance the common Medley R&R.
Sopinka, John, Sidney N. Lederman, and Alan W. The Law of Evidence. Toronto: Butterworths, Kovarik, William. Cite this article Pick a style below, and copy the text for your bibliography. Medley and Others. June 28, Retrieved June 28, from Encyclopedia.
Then, copy and paste the text into your bibliography or works cited list. Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia. Environment Energy government and defense Medley R&R R. Medley and Others gale. PRIMARY SOURCE "Defendants unlawfully and injuriously conveyed great quantities of filthy, noxious, unwholesome and deleterious liquids, matters, scum and refuse into the river Thames, whereby the waters became charged and impregnated with the said liquid and became corrupted and insalubrious and unfit for the use of his Majesty's subjects … People who supported themselves and their families by catching and selling fish were deprived of their employment and reduced to great poverty and distress; all to the common nuisance and grievous injury of his Majesty's subjects, to the evil example, and against the peace.
After the evidence was presented to the jury, they received their instructions on how to deal with the evidence from the trial judge, then Chief Justice Denman, who instructed the jury as follows: "With respect to fishermen being thrown out of work, I ought to lose no time in informing you that will not of itself be ground for an indictment, as if it were sufficient every successful speculation in trade might be the subject of a prosecution … The words of the indictment convey the law upon the subject as well as any person sitting here can do.
If you think that this has been done, and that it was conveyed from Medley R&R premises of the defendants then you will find them guilty … The second question you will have to consider will be, which of the defendants are guilty of the nuisance … It is said that the directors were ignorant of what had been done. Medley and others " in All England Reports.
London: —, Environmental Issues: Essential Primary Sources. Learn more about citation styles Medley R&R styles Encyclopedia. More From encyclopedia.
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