A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
From inside the book
Results 1-5 of 85
Page 3
... actual or legal damage to the plaintiff and a wrongful act committed by the defendant ; but this is no more than saying that there must be damage as well as wrong to constitute a tort ; and beyond that it might be mislead- ing , since ...
... actual or legal damage to the plaintiff and a wrongful act committed by the defendant ; but this is no more than saying that there must be damage as well as wrong to constitute a tort ; and beyond that it might be mislead- ing , since ...
Page 17
... actual adjudi- cation will illustrate this : The owner of logs , by a sudden and very great freshet , had them carried away upon the land of a proprietor below , where they cause considerable injury as they float about . For this injury ...
... actual adjudi- cation will illustrate this : The owner of logs , by a sudden and very great freshet , had them carried away upon the land of a proprietor below , where they cause considerable injury as they float about . For this injury ...
Page 19
... actual controversy , as it is presented to the judges for decision , must be compared by him with those gen- eral principles ; he must find that it is or is not embraced within some one of them , and must hold according to this finding ...
... actual controversy , as it is presented to the judges for decision , must be compared by him with those gen- eral principles ; he must find that it is or is not embraced within some one of them , and must hold according to this finding ...
Page 22
... actual damages merely , but damages specially assessed in proportion to the aggravation of the case . The principal , however , in all cases , is compensation for an injury done , and exemplary damages are only given in those cases in ...
... actual damages merely , but damages specially assessed in proportion to the aggravation of the case . The principal , however , in all cases , is compensation for an injury done , and exemplary damages are only given in those cases in ...
Page 61
... actual possession , though wrongful , must not be subverted by the employment. prefers his trees cut into cord wood rather than left standing , and if his right to leave them uncut is interfered with , even by mistake , it is manifestly ...
... actual possession , though wrongful , must not be subverted by the employment. prefers his trees cut into cord wood rather than left standing , and if his right to leave them uncut is interfered with , even by mistake , it is manifestly ...
Common terms and phrases
Allen assumpsit authority bailee bailment Balt Bank Barb Boston Brown carrier cause charge Chicago child circumstances cited Clark committed common carrier common law Conn contract corporation court Cush damages Davis defendant duty easement entitled Exch fact false fraud give Gray held husband individual injury intoxicating Iowa Johns Johnson Jones judgment jury land liable libel license liquor Louis malice Mass master ment Miller Minn Miss N. J. Eq N. W. Rep negligence nuisance officer Ohio Ohio St owner party Penn plaintiff possession premises proprietor protection purpose question R. R. Co railroad reason recover redress remedy responsible rule Ry Co sell servant slander and libel Smith statute Strob suffered suit Taylor tenant third person tion tort trespass trover unlawful Wend wife Wilson wrong-doer wrongful act York
Popular passages
Page 301 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 679 - We think that the true rule of law is, that the person who for his own purposes brings on his lands 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 310 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, in respect thereof...
Page 338 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Page 148 - That an act done for another, by a person, not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well established rule of law.
Page 31 - ... No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. As well said by Judge Cooley, " The right to one's person may be said to be a right of complete immunity : to be let alone.
Page 330 - It is a part of every man's civil rights that he be left at liberty to refuse business relations with any person whomsoever, whether the refusal rests upon reason, or is the result of whim, caprice, prejudice or malice.
Page 96 - An act which does not amount to a legal injury cannot be actionable because it is done with a bad Intent.
Page 584 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 310 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Bibliographic information
| Title | A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract Issues 75566-75577 of 19th-century legal treatises Making of modern law |
| Author | Thomas McIntyre Cooley |
| Edition | 2 |
| Publisher | Callaghan, 1888 |
| Length | 899 pages |
| Export Citation | BiBTeX EndNote RefMan |