A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 22
... reason , is one of special aggravation . In some cases the law permits a mandatory writ to restrain the commission of some threat- [ * 22 ] ened * wrong ; but the general employment of such a writ would lead to abuses which would be ...
... reason , is one of special aggravation . In some cases the law permits a mandatory writ to restrain the commission of some threat- [ * 22 ] ened * wrong ; but the general employment of such a writ would lead to abuses which would be ...
Page 25
... reason that the natural feelings and impulses would be more likely to impel them than others to the performance of the duty . 2. That , regarding the protection of the life of an individual as something which specially con- cerns him ...
... reason that the natural feelings and impulses would be more likely to impel them than others to the performance of the duty . 2. That , regarding the protection of the life of an individual as something which specially con- cerns him ...
Page 27
... reason- able that the law should refuse to estimate the money value of a life against one who , without fault , had been the instrument or Higgins . Butcher , 1 Brownl . 205 ; Yelv . 89 ; Baker v . Bolton , 1 Camp . N. P. 493 ; Carey v ...
... reason- able that the law should refuse to estimate the money value of a life against one who , without fault , had been the instrument or Higgins . Butcher , 1 Brownl . 205 ; Yelv . 89 ; Baker v . Bolton , 1 Camp . N. P. 493 ; Carey v ...
Page 28
... reason , and one which might with more justice have been applied in the cases of public wrongs where the private injury was less extreme . But the reason , such as it was , fails utterly in this country , where the doctrine of the ...
... reason , and one which might with more justice have been applied in the cases of public wrongs where the private injury was less extreme . But the reason , such as it was , fails utterly in this country , where the doctrine of the ...
Page 29
... reason in support of the rule of law which makes the assault a legal wrong , even though no battery takes place . Indeed , in this case the law goes still further and makes the attempted blow a criminal offense also . Threats and Words ...
... reason in support of the rule of law which makes the assault a legal wrong , even though no battery takes place . Indeed , in this case the law goes still further and makes the attempted blow a criminal offense also . Threats and Words ...
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...