A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 17
... owner of the logs must , therefore , lose them , or he must reclaim them with a further injury to the owner of the land . What is the solution of this difficulty , and how , under such circumstances shall the rights of the parties be ...
... owner of the logs must , therefore , lose them , or he must reclaim them with a further injury to the owner of the land . What is the solution of this difficulty , and how , under such circumstances shall the rights of the parties be ...
Page 42
... owner over his real estate ; but what they give on the owner's death is given , not in recognition of a right , and not necessarily to a child , but to such persons as in that contingency , in view of their relationship to the deceased ...
... owner over his real estate ; but what they give on the owner's death is given , not in recognition of a right , and not necessarily to a child , but to such persons as in that contingency , in view of their relationship to the deceased ...
Page 53
... owner of real estate is entitled to exclusive possession thereof , and every unauthorized entry thereon is a trespass ; but if one take the goods of another , and carry them upon his own land , the owner may enter to retake them ...
... owner of real estate is entitled to exclusive possession thereof , and every unauthorized entry thereon is a trespass ; but if one take the goods of another , and carry them upon his own land , the owner may enter to retake them ...
Page 55
... owner to remove it , and hold him a trespasser if he should persist in doing so , yet in that case he would be under obligation to restore it on demand , and the owner might proceed , by replevin , to take it , on his refusal . " But if ...
... owner to remove it , and hold him a trespasser if he should persist in doing so , yet in that case he would be under obligation to restore it on demand , and the owner might proceed , by replevin , to take it , on his refusal . " But if ...
Page 56
... owner , so as to render them undistinguishable , he will not be en- titled to his proportion or any part , of the property , certainly not unless the goods of both owners are of the same quality and value . Such intermixture is a fraud ...
... owner , so as to render them undistinguishable , he will not be en- titled to his proportion or any part , of the property , certainly not unless the goods of both owners are of the same quality and value . Such intermixture is a fraud ...
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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...