The Law of Torts: A Concise Treatise on the Civil Liability at Common Law and Under Modern Statutes for Actionable Wrongs to Person and Property |
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Other editions - View all
Common terms and phrases
Allen applied assault authority bailee Bank Boston Bradstreet Co breach Brown cause of action Chic Chicago cited City common carrier common law conduct Conn contract contributory negligence corporation court damages danger Davis declared defamation defendant defendant's doctrine duty employer England entitled ex delicto exercise fact Gas Light harm held husband inflicted injury Johnson Jones judge judicial jurisdictions jury L. J. Ch L. J. Ex land liable libel Lord Louisville malicious malicious prosecution Mass master Minn misconduct N. Y. Supp nuisance Ohio St opinion ordinary owner party Penn plaintiff prosecution punitive damages question railroad reasonable recover risk rule servant slander Smith statute Strob Supra sustained Taylor Tenn third person tion tort tort action tortious trespass verdict violation Wend West Jersey Wilson wrong wrongdoer
Popular passages
Page 43 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 442 - 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 393 - Generally, it is for the legislature to determine what laws and regulations are needed to protect the public health and secure the public comfort and safety, and while its measures are calculated, intended, convenient and appropriate to accomplish these ends, the exercise of its discretion is not subject to review by the courts.
Page 385 - This will be manifest when it is considered that in all cases where rights to the exclusive use of a trademark are invaded, it is invariably held that the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another; and that it is only when this false representation is directly or indirectly made that the party who appeals to a court of equity can have relief.
Page 174 - These are perils which the servant is as likely to know, and against which he can as effectually guard, as the master.
Page 442 - ... who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property, but which...
Page 16 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, or for damages liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity or admiralty if the United States were suable...
Page 70 - But we were told that competition ceases to be the lawful exercise of trade, and so to be a lawful excuse for what will harm another, if carried to a length which is not fair or reasonable. The offering of reduced rates by the defendants in the present case is said to have been 'unfair'.
Page 97 - Assuming that fright cannot form the basis of an action, it is obvious that no recovery can be had for injuries resulting therefrom. That the result may be nervous disease, blindness, insanity, or even a miscarriage, in no way changes the principle. These results merely show the degree of fright, or the extent of the damages.
Page 403 - If some picturesque haven opens its arms to invite the commerce of the world, it is not for this Court to forbid the embrace, although the fruit of it should be the sights, and sounds, and smells of a common seaport and shipbuilding town, which would drive the Dryads and their masters from their ancient solitudes.