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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Page iv
... decisions . He has sought to aid his brethren of the profession by stating , as concisely as possible , the rules of ... decision is noted . COLUMBIA UNIVERSITY , SCHOOL OF LAW , March , 1905 . TABLE OF CONTENTS . INTRODUCTORY CHAPTER ...
... decisions . He has sought to aid his brethren of the profession by stating , as concisely as possible , the rules of ... decision is noted . COLUMBIA UNIVERSITY , SCHOOL OF LAW , March , 1905 . TABLE OF CONTENTS . INTRODUCTORY CHAPTER ...
Page 2
... decisions of the last fifty years . " Fifteen years earlier , another writer had asserted that " the English lawyers had not yet made any attempt to define torts . " In 1882 , an accomplished and learned judge of the New York Court of ...
... decisions of the last fifty years . " Fifteen years earlier , another writer had asserted that " the English lawyers had not yet made any attempt to define torts . " In 1882 , an accomplished and learned judge of the New York Court of ...
Page 13
... decision of an English Court enforcing this doctrine , however , and after undergoing several modifications , " " it seems , if not altogether exploded , to be only awaiting a decisive abroga- tion " in England . " Same in America . It ...
... decision of an English Court enforcing this doctrine , however , and after undergoing several modifications , " " it seems , if not altogether exploded , to be only awaiting a decisive abroga- tion " in England . " Same in America . It ...
Page 21
... decision of the Court of Appeals would have amazed the anonymous author of " The Law of Actions on the Case for Torts and Wrongs.33 The lack of prece- dent coupled with plaintiff's acknowledged right of action for breach of contract ...
... decision of the Court of Appeals would have amazed the anonymous author of " The Law of Actions on the Case for Torts and Wrongs.33 The lack of prece- dent coupled with plaintiff's acknowledged right of action for breach of contract ...
Page 22
... decision ( that a master is not liable to a servant for the injuries of a fellow servant ) chiefly upon want of precedent . Kujek v . Goldman , 150 N. Y. 178 , 44 N. E. 773 , 34 L. R. A. 157 , 55 Am . St. R. 670 ( 1896 ) . The reason ...
... decision ( that a master is not liable to a servant for the injuries of a fellow servant ) chiefly upon want of precedent . Kujek v . Goldman , 150 N. Y. 178 , 44 N. E. 773 , 34 L. R. A. 157 , 55 Am . St. R. 670 ( 1896 ) . The reason ...
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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 court of equity damages danger Davis declared defamation defendant defendant's doctrine duty employer England entitled 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 opinion ordinary owner party Penn plaintiff prosecution punitive damages question railroad reasonable recover remedy 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 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...
Page 291 - A good name is rather to be chosen than great riches, and loving favor rather than silver and gold.