A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 3
... judgment shall accom- The English Common Law Pro- cedure Act of 1852 defines a tort as " a wrong independent of contract ; " which is perhaps as good a definition as can be given , though even this may require explanation , since in ...
... judgment shall accom- The English Common Law Pro- cedure Act of 1852 defines a tort as " a wrong independent of contract ; " which is perhaps as good a definition as can be given , though even this may require explanation , since in ...
Page 11
Thomas McIntyre Cooley. I } come from judgments which are directed by the individual will alone , every one of which ... judgment or pas- sion , according to the views which are held by the people or by individuals concerning the ruler ...
Thomas McIntyre Cooley. I } come from judgments which are directed by the individual will alone , every one of which ... judgment or pas- sion , according to the views which are held by the people or by individuals concerning the ruler ...
Page 21
... judgment that the right existed would have been a condi- tion precedent . To what is here said there are some apparent exceptions . Thus statutes , in many cases , forbid , under penalties payable to the State , the doing of certain ...
... judgment that the right existed would have been a condi- tion precedent . To what is here said there are some apparent exceptions . Thus statutes , in many cases , forbid , under penalties payable to the State , the doing of certain ...
Page 22
... judgment . Besides , they must be awarded upon a supposed wrongful intent , and the inquiry into an unexecuted intent is usually among the most unsatisfactory things in legal procedure . The danger from the employment of preventive ...
... judgment . Besides , they must be awarded upon a supposed wrongful intent , and the inquiry into an unexecuted intent is usually among the most unsatisfactory things in legal procedure . The danger from the employment of preventive ...
Page 37
... judgment than the other . These theories do not concern us now . When the political privilege is con- ferred as an act of sovereign power , it becomes for the time be- ing a legal right ; a right which others must not disturb , which is ...
... judgment than the other . These theories do not concern us now . When the political privilege is con- ferred as an act of sovereign power , it becomes for the time be- ing a legal right ; a right which others must not disturb , which is ...
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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...