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 4
... holding that the negli gent failure or omission of railroad servants to protect a passenger from the violence of a drunken fel- low - passenger , was an actionable tort . " In such cases , " said the court , " the negligence for which ...
... holding that the negli gent failure or omission of railroad servants to protect a passenger from the violence of a drunken fel- low - passenger , was an actionable tort . " In such cases , " said the court , " the negligence for which ...
Page 7
... holding himself out as a common carrier of such goods.19 Moreover , the right is not an absolute one , even against such a person . If the latter's means of transportation are fully oc- cupied he may refuse the goods in question ...
... holding himself out as a common carrier of such goods.19 Moreover , the right is not an absolute one , even against such a person . If the latter's means of transportation are fully oc- cupied he may refuse the goods in question ...
Page 8
... §§ 738-740 . Cf. Turner v . Stallibrass ( 1895 ) , 1 Q. B. 56 , holding that an action founded on the common law lia- bility of a bailee is an action J unless that omission were willful or negligent , would 8 THE LAW OF TORTS .
... §§ 738-740 . Cf. Turner v . Stallibrass ( 1895 ) , 1 Q. B. 56 , holding that an action founded on the common law lia- bility of a bailee is an action J unless that omission were willful or negligent , would 8 THE LAW OF TORTS .
Page 11
... holding that the company was under a legal duty to receive and promptly deliver the message . Illustrations of such wrongs re- spectively are afforded by a breach of trust , refusal to pay salvage , adultery of husband or wife . It is ...
... holding that the company was under a legal duty to receive and promptly deliver the message . Illustrations of such wrongs re- spectively are afforded by a breach of trust , refusal to pay salvage , adultery of husband or wife . It is ...
Page 14
... holding out strong inducements to both parties , to compound the felony , by throwing impediments in the way of the civil remedy . " 12 The Supreme Court of New Hampshire has characterized the English rule as one having no practical use ...
... holding out strong inducements to both parties , to compound the felony , by throwing impediments in the way of the civil remedy . " 12 The Supreme Court of New Hampshire has characterized the English rule as one having no practical use ...
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Common terms and phrases
applied arrest assault authority bailee Bank 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 deceit declared defamation defamatory defendant defendant's doctrine duty employer England entitled exercise fact 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 plaintiff possession prosecution punitive damages quasi-contract question railroad reasonable recover recovery remedy risk rule servant slander Smith statute Strob Supra sustained Taylor Tenn third person tion tort tort action tortious trespass 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.