C A S 
The two following lines of Perfian poetry are quoted 
from Cafchi : 
The fufferings that come from God ought not to be 
called afflictions: 
•Blelfed is the affliction, and happy is he who buffers it, 
when it proceeds from on high. 
The allufion of the words bcla and ba!a is extremely beau¬ 
tiful in the Perfian original, An bda nebud ki an bala bud. 
Cafchi isalfo the furname of Yahiaben Ahmed, who lived 
in the tenth century of the fiegiru, of whom we have 
fcholia or marginal notes, intituled, Hafchiah on the book 
of-Samarcandi, named Adtib al baliath. 
CASCHl'RI, or Cascheri, the.furname of Imam 
Abul Matlan, who wrote the livesof the mufTiihman faints. 
Yafei makes mention of this book in the work he com- 
pofed on the fame bibjedt. He is likewife author of a 
book intituled Lathaif, which is highly efteemed for its 
ingenious fictions and its fpiritttal allegories. There is 
another Cafchiri, vvhofe proper name is Moffalem ben 
I-legiage al Nifcbabufi, a native of Nifchabur, a city of 
Khoralfan, who died in the year of the hegira 36a. 
CASCHOU', f. in Ijotany. See Anacardium. 
CAS'CO, a town of North America, in die diflridt of 
Main : four miles north-eaft of Portland. 
CAS'CO BAY, a bay of North America, on the coaft 
of Main. Lat. +3. 40. N. Ion. 70. 10.W. Greenwich. 
CASCUMPEC' HARBOUR, on the north coaff of the 
ifland of St. John, in North America. Lat. 46. 45. N. 
Ion. 63. 55. \V. Greenwich. 
CASE, [ [cafus, Lat.] Condition, with regard to out¬ 
ward circumftances: 
Qpeftion your royal thoughts, make the cafe yours; 
Be now a father, and propofe a fon. Shakefpeare. 
State of things.—Here was the cafe\ an army of Englifit, 
wafted and tired with a long winter’s fiege, engaged an 
army of a greater number than themfelves, frefh and in- 
vigour. Bacon. — In phyfic, date of the body ; date of the 
difeafe.—It was well ; for our dek were many, and in very 
ill cafe.' Bacon. — Chalybeate water feems to be a proper 
remedy in hypochondriacal cafes. Arbutlinot .—The date 
of fadts juridically confidered : as, the lawyers cited many 
cafes in their pleas.—If lie be not apt to beat over matters, 
and to call up one tiling to prove and illudrate another, 
let him dtidy the lawyers’ cafes: fo every defeat of the 
mind may have a fpecial receipt. Bacon .—In ludicrous 
language, conditioned with regard to leannefs or fat. In 
cafe is lu/lj or fat .—I am in cafe to judlea conduble. Shak. 
For, if the fire be faint, or out of cafe , 
He will be copy’d in his famidi’d race. Dryden. 
Contingence; podible event.—The atheid, in cafe tilings 
diould fallout contrary to his belief or expectation, hath 
made no provifion for this cafe, Til/otfon .—Quedion relat¬ 
ing to diderent perfons or things.—Well do I find each 
man mod wife in his own cafe. Sidney .—Reprefentation of 
any factor quedion.—-In grammar, the variation of nouns. 
—The feveral changes which the noun undergoes in the 
Latin and Greek tongues, in the feveral numbers, are 
called cafes, and are deligned to exprefs the feveral views or 
relations under which the mind confiders things with re¬ 
gard to one another; and the variation of the noun for 
this purpofe is called declenfion. Clark's Latin Grammar .— 
In printing, a large, flat, oblong, frame, placed aflope, di¬ 
vided into feveral compartments, or little cells; in each 
of which are lodged a number of types or letters of the 
fame kind, whence the compofiror takes them out to coin- 
pofe his matter. See Printing. —In commerce, a cer¬ 
tain quantity of divers things. Thus, a Cafe of crown- 
glafs contains ufually twenty-four tables, each table being 
nearly circular, and about three feet fix inches diameter; 
of Newcaflle glafs, thirty-five tables; of Normandy glafs, 
twenty-five. 
Vol, III. No. 1671 
CAS 
In CMt, [in cafo, Ital.J If it diould happen ; upon the 
fuppofitition that: a form of fpeerh now little yfed. —A fine 
retreat to his forces, in cafe they diould have an ill day, or 
unlucky chance in the field. Bacon. 
CASE, Trespass on the, in law, is an adtion brought 
to recover damages for adds' unaccompanied with force, 
but in their conleqneiices injurious. It is called anatlivn 
on the cafe,- becaufe the whole cafe or caufe of complaint 
is fet forth in the original writ. 3 Bl.Com. By flat. 1.) 
11 . VII. c. 9, the like procefs is to be had in actions upc-.s 
the cafe as in thole of trefpafs or debt. This remedy is 
given where the law lias not framed any general adtion, 
and therefore lies in a great variety of cafes; for the better 
understanding of which, we (hall confider the dibjedt un¬ 
der the following heads: Pi id, The general principle!! 
and nature of this action. Second, The particular inju¬ 
ries, for which it lies. 
As to the general principles: Although the act of a per- 
fon be lawful in itfelf, yet if the confequericq be injurious" 
to another, it is tlie dibjedt of this adtion. As where the 
defendant put up a fpout on his own premiles; when it 
injured the plaintiff by conveying water into his yard, art 
adtion on the cafe was adjudged good. 1 Sira. 334. To 
maintain this adtion, it is diffident if the injury arife from 
the neglect or omifjion of the defendant. Thus if any perfon 
differs his lioule to be out of repair, and another fudains 
damage by it, this adtion lies. 2 H. Black. 350. But the 
law mud have impofed a duty upon him ; for, if a man find-s 
any thing, he is-not obliged to keep it fafely, and, if it fpoiU 
in his pofleffion, no adtion will lie. Cro. Eliz. 219. Other- 
wife, if he makes gain of", or abufes, the thing.fo found. 
Roll. Abr. 5. Leon. 224. 
If any injury is caufed to another by the folly, or want 
of care or caution in a perfon, this adtion lies. As if a man 
brings an unruly horle to break-in in a place of public re- 
fort, without intending mifehief, yet, if any one is kicked 
or hurt, he (hall have this adtion. 2 Lev. 72. So, if a per¬ 
fon lay logs of wood in the highway, over which, by pro¬ 
per care, a perfon might ride with fafety; yet if the horfe 
dumbles, and he. is thrown, he may recover in this adtion. 
C<o. fac. 446. But if the injury arofe to a man from his 
own neglect and folly, and (o might have been avoided, 
this adtion diall not lie. 2 Lev. 196. If the right or mat¬ 
ter be of a public nature, this adtion cannot be maintained 
without a fpecial injury. Co. Litt. 5 6. a. alfo in a modem 
cafe, Efp. N. P. CaJ. 148. Neither lliall damnum abtjue in¬ 
juria, or vice verfa, fnpport thisadtion. 6 Mod. 4 6. 3 Buljlr. 
95. As where a man fets up a new mill or fchool in the 
neighbourhood of an ancient one, for i'uch rivaldiips are 
of public benefit. 1 Roll. Abr. 107. 
The particular injuries for which this adtion lies, are as 
follow: It may be for Slander, Confpiracy, or malicious 
Profecution; for which fee tliofe articles. If by the neg- 
ledt or ignorance of a furgeon or apothecary, or by any 
deviation from the cfablfhcdpracWce for the fake of expe¬ 
riment, a patient is not cured, or differs materially in his 
health, lie may recover damages in thisadtion. 1 Danv.’j’j. 
2 WHs. 359. The two cafes above of a perfon riding ait 
unruly horfe in a public place, or laying logs in the way, 
apply here. In all cafes, where mifehief is done either to 
a man’s perfon, (or his property, as flieep, See.) by a dogj, 
bull, or any animal, manfuetce naturae, if the owner had no¬ 
tice of their vicioufnefs, he can be charged; but as to ani¬ 
mals ferce naturae, the perfon who keeps them is liable to 
any damage they may do, without notice. Ld. Raym. 606.1583. 
2 Salk. (62. If the health of any perfon is impaired by the 
adt of another, as felling him bad wine, or exerciting a 
noifome trade in the neighbourhood, this adtion lies, r 
Roll. Abr. 90. All'o again!! a gaoler for putting irons on 
his prifoner, or putting him in the flocks, or not giving 
diffident fuftenance to him, being committed for debt. 
F.N.B. 83. 
This action lies for perfonal injuries, viz. In behalf of 
an hvjband : if a perfon entices away the wife of another, 
19 L t® 
