A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
From inside the book
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Page 12
In fact , its principles now depend very largely on a species of judicial legislation which from time to time , as new conditions were found to exist , has endeavored to fit and conform the old law to them . In making use of this term ...
In fact , its principles now depend very largely on a species of judicial legislation which from time to time , as new conditions were found to exist , has endeavored to fit and conform the old law to them . In making use of this term ...
Page 13
The process of growth has been something like the following : Every principle declared by a court in giving judgment is supposed to be a principle more or less general in its application , and which is applied under the facts of the ...
The process of growth has been something like the following : Every principle declared by a court in giving judgment is supposed to be a principle more or less general in its application , and which is applied under the facts of the ...
Page 21
The facts were , that certain persons had been denied the right to vote for members of Parliament . They brought suit against the officer who excluded them . No such case had ever been adjndged , and there was no precedent for the suit ...
The facts were , that certain persons had been denied the right to vote for members of Parliament . They brought suit against the officer who excluded them . No such case had ever been adjndged , and there was no precedent for the suit ...
Page 31
Thus one fact — that of the publication — and four presumptions of law support the action . The exception to this is of cases where the charge is one which , in contemplation of law , is not necessarily followed by injury , in which ...
Thus one fact — that of the publication — and four presumptions of law support the action . The exception to this is of cases where the charge is one which , in contemplation of law , is not necessarily followed by injury , in which ...
Page 81
Whether the speaker should have anticipated this result , it was said , was a question of fact for the jury . “ It cannot be said with judicial certainty that when he stopped to make his speech in the street he must have foreseen ...
Whether the speaker should have anticipated this result , it was said , was a question of fact for the jury . “ It cannot be said with judicial certainty that when he stopped to make his speech in the street he must have foreseen ...
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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 |