A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
From inside the book
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Page 26
... man actually slain , whether through inadvertence or of purpose , a remedy on his behalf has become impossible , since the very act which would give a cause of action would also terminate the existence of the person entitled to it .
... man actually slain , whether through inadvertence or of purpose , a remedy on his behalf has become impossible , since the very act which would give a cause of action would also terminate the existence of the person entitled to it .
Page 30
Even this does not state the point with entire accuracy , since one may.obtain a good reputation when deserving a bad reputation ; and in a reputation to which one is not entitled he has no greater claim to protection than he would have ...
Even this does not state the point with entire accuracy , since one may.obtain a good reputation when deserving a bad reputation ; and in a reputation to which one is not entitled he has no greater claim to protection than he would have ...
Page 31
It would enable a person of suspicions nature to exclude another from the good opinion of the world when his motives and efforts fairly entitled him to general esteem . The difficulty in the case is overcome by a series of legal ...
It would enable a person of suspicions nature to exclude another from the good opinion of the world when his motives and efforts fairly entitled him to general esteem . The difficulty in the case is overcome by a series of legal ...
Page 32
The man who is undeservedly in bad repute is entitled to overcome this , and he is wronged by whomBoever interposes obstacles , though they consist in the mere repetition of charges which have made his reputation what it is .
The man who is undeservedly in bad repute is entitled to overcome this , and he is wronged by whomBoever interposes obstacles , though they consist in the mere repetition of charges which have made his reputation what it is .
Page 40
... entitled : such as the right to protection against injuries and against the unlawful action of others , the right to culture and education , the right to share in the parent's estate . These are sometimes spoken of as natural rights ...
... entitled : such as the right to protection against injuries and against the unlawful action of others , the right to culture and education , the right to share in the parent's estate . These are sometimes spoken of as natural rights ...
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action actual Allen allowed applied authority Bank Barb become Boston Brown building cause Cent charge Chicago child circumstances City Clark committed common Conn consequence constitute contract corporation court damages Davis defendant duty easement effect entitled exist fact false fraud give given Gray ground held Hill husband individual injury interest Iowa Johns Johnson Jones judge land liable loss Mass master means Mich Minn Miss nature necessary negligence notice nuisance officer Ohio owner party Penn person plaintiff possession proper protection question R. R. Co railroad reason received recover relation remedy respect responsible result rule sell servant Smith statute suffered sufficient suit supposed taken tion tort trespass unless Wend West wife Wood wrong 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 |