A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 43
The relation of master and apprentice is similar , though here the contracting party on one side may really be the State in some cases . The relation of guardian and ward is of various origin but usually is a matter of judicial creation ...
The relation of master and apprentice is similar , though here the contracting party on one side may really be the State in some cases . The relation of guardian and ward is of various origin but usually is a matter of judicial creation ...
Page 106
... or a master for injury to his apprentice , though the contract is not with the father or master . Berringer o . Grt . East Ry . Co. , L. R. 4 C. P. D. , 163 , distinguishing Alton o . Ry . Co. , 19 C. B. ( N. s . ) 213. Ames o .
... or a master for injury to his apprentice , though the contract is not with the father or master . Berringer o . Grt . East Ry . Co. , L. R. 4 C. P. D. , 163 , distinguishing Alton o . Ry . Co. , 19 C. B. ( N. s . ) 213. Ames o .
Page 128
As the doctrine respondeat superior rests upon the relation of master and servant , which depends upon contract , actual [ * 112 ] or * implied , it is obvious that it can have no application in the case of an infant employer , and he ...
As the doctrine respondeat superior rests upon the relation of master and servant , which depends upon contract , actual [ * 112 ] or * implied , it is obvious that it can have no application in the case of an infant employer , and he ...
Page 148
The question what the master's authority will authorize and cover is primarily one between the parties to the contract of service ; and we see no reason to question that the master may enlarge it retrospectively , so as to make it ...
The question what the master's authority will authorize and cover is primarily one between the parties to the contract of service ; and we see no reason to question that the master may enlarge it retrospectively , so as to make it ...
Page 163
The case supposed is one of mere neglect to do with legal promptness what duty required the master to do or have done . On the other hand , if the servant by some distinct and positive wrongful act shall destroy or injure the goods ...
The case supposed is one of mere neglect to do with legal promptness what duty required the master to do or have done . On the other hand , if the servant by some distinct and positive wrongful act shall destroy or injure the goods ...
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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 |