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Assumption of Risk and Contributory Negligence of Servant. 169
Injuries Due to Negligence of Master and Fellow-Servant.... 179
Limitations of the Fellow-Servant Rule.....
179
There Must be a Common Master.....
180
The Servants Must be Engaged in a Common Employment.. 181
Different Department Doctrine; Habitual Association...
182
§ 3. ACTION FOR DAMAGES IS THE ORDINARY TORT REMEDY.. 196
Damages are of Three Sorts..
Nominal Damages..
197
198
Interest as an Element of Damages in Tort Actions....
206
If not Free from Blame......
§ 7. CONTRIBUTION BETWEEN WRONGDOERS.
When Wrongdoing is Intentional.
Where no Wrongful Intent...
219
Arrest Without a Warrant-(a) By Peace Officers.
(b) Arrest by a Private Person..
Reasonable and Probable Cause....
Unreasonable Detention of a Person Arrested...
Detentions which are not False Imprisonments.
§ 3. MALICIOUS PROSECUTION..
The Nature of this Tort....
The Essential Elements of the Tort.
Termination in His Favor.
Malice
Probable Cause..
240
242
243
244
246
247
248
249
251
252
Success or Failure of Original Prosecution....
Advice of Counsel as Evidence of Probable Cause..
Legal Damage...
Damage to Reputation..
Damage to Person.
Damage to Property.
Damage to Property Consisting in Charges and Expenses.
American Courts are Divided...
Compensatory and Punitive Damages..
§ 4. MALICIOUS ABUSE OF PROCESS...
Differs from Malicious Prosecution...
A Peculiar Form of Abuse of Process..
§ 5. WRONGS KINDRED TO MALICIOUS PROSECUTION.
Bringing a Suit in another's Name.
Maintenance
...
CHAPTER VIII,
ASSAULT AND BATTERY.
§ 1. WHAT CONSTITUTES THIS TORT.
PAGE
253
254
256
257
258
260
261
262
263
264
265
266
Action for Enticing Husband.....
277
Crim. Con. with Husband.
278
Injuries to the Body or Reputation of the Wife..
285
§ 3. TORTS AGAINST THE MASTER...
Harming or Enticing the Servant.
Torts Against the Servant by Wrongfully Influencing the