A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 9
But the inconveniences which may flow from this rule are , to a large extent , obviated by the permission of the sovereign authority to organize the voluntary society into an artificial person , which is called a corporation , and into ...
But the inconveniences which may flow from this rule are , to a large extent , obviated by the permission of the sovereign authority to organize the voluntary society into an artificial person , which is called a corporation , and into ...
Page 13
which governs the case , or he must withhold decision until the competent authority can legislate and establish one . The latter course , in many cases , would be equivalent to remanding the parties , as regards the pending controversy ...
which governs the case , or he must withhold decision until the competent authority can legislate and establish one . The latter course , in many cases , would be equivalent to remanding the parties , as regards the pending controversy ...
Page 14
... because the creation of new rules of law , by whatsoever authority , can be nothing else than legislation ; and the principle now announced for the first time must always be so far in harmony with the great body of the law that it ...
... because the creation of new rules of law , by whatsoever authority , can be nothing else than legislation ; and the principle now announced for the first time must always be so far in harmony with the great body of the law that it ...
Page 18
... and by competent authority , endued with the force of law ( and at the same time universally known to be so in existence and so in force ) , a proposition of a general aspect adapted to the purpose of affording sufficient authority ...
... and by competent authority , endued with the force of law ( and at the same time universally known to be so in existence and so in force ) , a proposition of a general aspect adapted to the purpose of affording sufficient authority ...
Page 24
Were the government itself , instead of protecting rights , to impose unnecessary restrictions for its own purposes , or the purposes of those wielding its authority , or were it to interfere capriciously to deprive individuals or ...
Were the government itself , instead of protecting rights , to impose unnecessary restrictions for its own purposes , or the purposes of those wielding its authority , or were it to interfere capriciously to deprive individuals or ...
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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 |