The Law of Torts |
From inside the book
Results 1-5 of 85
Page 22
... held the plaintiffs not entitled to recover , though their own judgment was not unanimous . But the importance of the case , at first supposed to be very great , has been diminished by Quinn v . Leathem , supra , which practically ...
... held the plaintiffs not entitled to recover , though their own judgment was not unanimous . But the importance of the case , at first supposed to be very great , has been diminished by Quinn v . Leathem , supra , which practically ...
Page 29
... held liable for a tort may at the time of the wrong alleged have been holding some post of state , such as a judicial position , or he may have been under some disqualification or incapacity , putting him below the level of a full ...
... held liable for a tort may at the time of the wrong alleged have been holding some post of state , such as a judicial position , or he may have been under some disqualification or incapacity , putting him below the level of a full ...
Page 35
... held for what were called ' wilful ' torts by his servant , though committed on behalf of the master ; but the doubt has 1 Blackstone , i . 417 . 2 Bayley v . Manchester R. Co. , L. R. 7 C. P. 415 ; Barwick v . English Joint Stock Bank ...
... held for what were called ' wilful ' torts by his servant , though committed on behalf of the master ; but the doubt has 1 Blackstone , i . 417 . 2 Bayley v . Manchester R. Co. , L. R. 7 C. P. 415 ; Barwick v . English Joint Stock Bank ...
Page 36
... held for torts committed by him while so doing3 . The doctrine which imposes liability upon the master is a general one , applying as well to cases of slander and libel , malicious prosecution , and other torts , as to cases of ...
... held for torts committed by him while so doing3 . The doctrine which imposes liability upon the master is a general one , applying as well to cases of slander and libel , malicious prosecution , and other torts , as to cases of ...
Page 37
... held liable for the torts of his agent committed on his behalf , a single exception has sometimes been made , to wit , that an innocent principal should not be liable for the fraudulent misrepre- sentations of his agent , which as a ...
... held liable for the torts of his agent committed on his behalf , a single exception has sometimes been made , to wit , that an innocent principal should not be liable for the fraudulent misrepre- sentations of his agent , which as a ...
Common terms and phrases
accordingly Allen appears arrest assault authority bailee bailment battery Bigelow's L. C. Torts Bing breach of duty charge committed common law conduct contract court criminal danger deceit deemed defamation defamatory defendant is liable defendant's doctrine employer entitled example exercise facie fact false imprisonment fraud ground Grueber guilty harm House of Lords imputation infringement injury intention judge jury land Leathem legal right Lex Aquilia libel Lord Lord Esher Lord Herschell malice malicious prosecution master motive nature necessary negligence notice officer owner parent party plaintiff possession premises prima facie privilege probable cause proceedings procuring prosecutor prove Q. B. Div question reason recover regard relation right of action Roman law rule seduction sense servant slander and libel slander of title Smith special damage statement statute suit supra term third person tion trespass true unlawful Vict want of probable warrant writ wrongful means York
Popular passages
Page 246 - Provided also and be it declared and enacted* That any declaration before mentioned shall not extend to any letters patents and grants of privilege for the term of fourteen years or under hereafter to be made of the sole working or making of any manner of new manufactures within this realm to the true and first inventor and inventors of such manufactures which others at the time of making such letters patents and grants shall not use...
Page 297 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 362 - By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform, and did conform...
Page 362 - ... (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...
Page 362 - By reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or byelaws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf...
Page 354 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that everyone of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 256 - ... or, knowing such book to have been so unlawfully printed or imported, shall sell, publish, or expose to sale or hire, or cause to be sold, published, or exposed to sale or hire, or shall have in his possession, for sale or hire...
Page 352 - The owner or occupant of land is liable in damages to those coming to it, using due care, at his invitation or inducement, express or implied, on any business to be transacted with or permitted by him, for an injury occasioned by the unsafe condition of the land or of the access to it, which is known to him and not to them, and which he has negligently suffered to exist and has given them no notice of.
Page 312 - ... or is of such conclusive character that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it.
Page 263 - ... disguise the use thereof; or whether his work is the result of his own labor, skill, and use of common materials, and common sources of knowledge, open to all men, and the resemblances are either accidental or arising from the nature of the subject. In other words, whether the defendant's book is, quoad hoc, a servile or evasive imitation of the plaintiff's work, or a bona fide original compilation from other common or independent sources.