Selected Essays on the Law of Torts |
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Common terms and phrases
absolute liability accident action actual alleged animal answer applied authority blasting breach causation circumstances cited civil command common law conclusive presumption condition conduct consequences contract contributory negligence court criminal damage danger decision defect defendant defendant's tort distinction doctrine duty effect English English law evidence existence fact fault ferae naturae Fletcher ground harm HARV Holmes imposed individual interest injury intent Jeremiah Smith judge jury Justice land landlord landowner legal cause Lord Mass master merely motive N. Y. Supp nature opinion owner party peril plaintiff Pollock premises present principle probable Professor protection proximate cause quasi-contract question reason recognized recover recovery regarded relation remedy repairs responsible result risk Roman law rule Rylands SALMOND says secure seems servant Sioux City Sir Frederick Pollock slander and libel social interest statement statute tenant thing tion trespass turntable unlawful act wrongdoer
Popular passages
Page 583 - 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 674 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, Ls the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not...
Page 215 - ... 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. He can excuse himself by showing that the escape was owing to the plaintiff's default ; or perhaps that the escape was the consequence of vis major, or the act of God ; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 24 - As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of these cities, and live...
Page 457 - There is no privity of contract between these parties; and if the plaintiff can sue, every passenger, or even any person passing along the road, who was injured by the upsetting of the coach, might bring a similar action. Unless we confine the operation of such contracts as this to the parties who entered into them, the most absurd and outrageous consequences, to which I can see no limit, would ensue.
Page 3 - These decisions must be regarded as survivals of the ancient rule that where a loss must be borne by one of two innocent persons, it shall be borne by him who acted.
Page 389 - An actionable nuisance is said to be anything wrongfully done or permitted which injures or annoys another in the enjoyment of his legal rights.
Page 523 - And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know...
Page 402 - The ruling was in form that there was no evidence of negligence to go to the jury...
Page 122 - That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection.