Entered according to Act of Congress, in the year 1878, by MELVILLE M. BIGELOW, In the office of the Librarian of Congress, at Washington. Entered according to Act of Congress, in the year 1882, by In the office of the Librarian of Congress, at Washington. Copyright, 1886, BY MELVILLE M. BIGElow. Copyright, 1891, BY MELVILLE M. BIGELOW. Copyright, 1894, BY MELVILLE M. BIGELOW. Copyright, 1896, BY MELVILLE M. BIGELOW. 231840 UNIVERSITY PRESS: JOHN WILSON AND SON, CAMBRIDGE PREFACE TO THE SIXTH EDITION. 6 THIS work now begins, for the first time, with a 'General Doctrine,' or general theory, of the law of torts. What follows all that has heretofore appeared is an unfolding of the Doctrine as seen in the Specific Torts' of the law; the specific torts being classified according to what are taken to be the primary forces, or Elements,' of liability, to wit, (1) fraud or malice as means or motive to conduct, (2) intention considered without regard to means or motive, (3) negligence.1 It must not be supposed that the present work is intended to suggest any method of study or of teaching; it deals only with rules of law, as the aim of theory in the general scheme of relations intended to bind men together in the State. A word will be proper concerning the classification which separates the law of torts from other branches of the law. In this book the subject of torts is con 1 In other words, the question is, what and how liability arises, (1) from intention plus fraud or malice, (2) from intention alone, (3) without intention. |