A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
From inside the book
Results 1-5 of 80
Page 3
... relations . Addison ( on Torts . p . 1 , ) gives no definition , only quoting from BAYLEY , J. , in Rex o . Pagram Com- missioners , 8 B & C. 362 , that to con- stitute a tort two things must concur , actual or legal damage to the ...
... relations . Addison ( on Torts . p . 1 , ) gives no definition , only quoting from BAYLEY , J. , in Rex o . Pagram Com- missioners , 8 B & C. 362 , that to con- stitute a tort two things must concur , actual or legal damage to the ...
Page 38
... relation : 1. The right of the husband to the society and services of the wife . It is often , and very justly , spoken of as a reproach to the common law , that it recognized in the wife no correspond- ing right to the society and ...
... relation : 1. The right of the husband to the society and services of the wife . It is often , and very justly , spoken of as a reproach to the common law , that it recognized in the wife no correspond- ing right to the society and ...
Page 42
... relation from which at the common law , all family rights spring : the relation of marriage . In various direc- tions this right is hedged about with conditions , established for the general good . First . The person must have attained ...
... relation from which at the common law , all family rights spring : the relation of marriage . In various direc- tions this right is hedged about with conditions , established for the general good . First . The person must have attained ...
Page 43
... relation of master and servant , for in- stance , is one of contract . The relation of master and appren- tice is similar , though here the contracting party on one side may really be the State in some cases . The relation of guardian ...
... relation of master and servant , for in- stance , is one of contract . The relation of master and appren- tice is similar , though here the contracting party on one side may really be the State in some cases . The relation of guardian ...
Page 44
... relation , which is older than civi- lization , and must always precede and always accompany it , and without which there can be neither social state in which morality or decency will be recognized , nor civil state with regulated lib ...
... relation , which is older than civi- lization , and must always precede and always accompany it , and without which there can be neither social state in which morality or decency will be recognized , nor civil state with regulated lib ...
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...
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 |