A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 21
This was to be determined by the statute prescribing the qnalifications of voters , and by the facts which did or did not bring these parties within the statute . When the facts were found in their favor , the legal conclusion must ...
This was to be determined by the statute prescribing the qnalifications of voters , and by the facts which did or did not bring these parties within the statute . When the facts were found in their favor , the legal conclusion must ...
Page 33
In the latter case the party might rely upon his innocence or upon his civil remedy to vindicate him ; in the former he might feel that only in violence had he any redress whatever . Civil Rights . In defining civil liberty reference ...
In the latter case the party might rely upon his innocence or upon his civil remedy to vindicate him ; in the former he might feel that only in violence had he any redress whatever . Civil Rights . In defining civil liberty reference ...
Page 50
1 as a general rule , before resorting to such extreme measures , the party responsible for the nuisance should be notified of its existence , and requested to remove it ; and the forcible abatement would only be justified when , after ...
1 as a general rule , before resorting to such extreme measures , the party responsible for the nuisance should be notified of its existence , and requested to remove it ; and the forcible abatement would only be justified when , after ...
Page 57
Therefore , the law in these cases does justice between the parties as nearly as , under the circumstances , is practicable by dividing between them the commingled mass according to their respective proportions .
Therefore , the law in these cases does justice between the parties as nearly as , under the circumstances , is practicable by dividing between them the commingled mass according to their respective proportions .
Page 58
This rule has been applied to the case of quantities of saw - logs , belonging to different parties but commingled together ; and it is held that to give the party whose logs are lost the option of taking froin the mass an equivalent in ...
This rule has been applied to the case of quantities of saw - logs , belonging to different parties but commingled together ; and it is held that to give the party whose logs are lost the option of taking froin the mass an equivalent in ...
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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 |