What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
accord action actual agent answer applied authority Bank breach Brown cause charge Chicago cited City common law conduct Conn contract conversion corporation court damages danger Davis decision defendant defendant's doctrine duty employer England entitled evidence exercise existence fact false follows give hand harm held Hill holding injury intention interest Johnson Jones judge judicial jurisdictions jury justice land latter liable libel limited Lord loss maintain malicious Mass master Minn nature necessary negligence nuisance officers opinion ordinary owner particular party person plaintiff possession present principle prosecution protect question reasonable recover relation result risk rule servant slander Smith statement statute suit sustained Tenn third tion tort trespass true unless violation wrong York
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 446 - 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 395 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 434 - Although the defendant's negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution in the person injured, subject to this qualification, which has grown up in recent years (having been first enunciated in Davies v.
Page 389 - 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 397 - 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 174 - These are perils which the servant is as likely to know, and against which he can as effectually guard, as the master.
Page 336 - Mere exaggeration, or even gross exaggeration, would not make the comment unfair. However wrong the opinion expressed may be in point of truth, or however prejudiced the writer, it may still be within the prescribed limit. The question which the jury must consider is this : would any fair man, however prejudiced he may be, however exaggerated or obstinate his views, have said that which this criticism has said...
Page 446 - ... 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...