Wrongs and Their Remedies: A Treatise on the Law of Torts, Volume 1

Front Cover
Banks and Bros., 1876 - Torts - 1440 pages

From inside the book

Contents

Of libel and written slan Disclosures made bonâ fide in the course
23
What writings are libellous and action communications to a wrong party
37
Of the parties to be made defendants
38
OF THE REMEDY BY MANDAMUS 12551295
40
Of the power of justices to give costs 865
45
Of rights duties and ob dramatic literary property and musi
54
Infringement of statutory copyright The subjectmatter of a patent
61
Infringement of copyright in published Statutory benefits and burdens
68
Of the natural servitude of support navigation companies in the water
74
Transfer of natural servitudes ib Direct and consequential injuries
84
CHAPTER III
95
Reservation of privileges amounting
101
Inconsistent rights of common 131 What sort of enjoyment is essential
117
Plea of judgment recovered 1156 reputation 1173
130
Of customary rights of fishing and driv servient tenements preventing the
151
Prescriptive right to foul the pure water the grant
166
ment of incorporeal rights 172190
172
Declarations for an obstruction to
179
Effect of the recovery of judgment in Entries made by deceased persons
184
CHAPTER IV
191
Injuries to land from the erection
210
Effect of laches or delay in applying for emptory writ of màndamus 1288
213
Negligent use and management of rail
217
Dangerous machinery
223
Exemption of constables officers
228
Nuisances and injuries from the keep
229
Obstructions to fishing
239
Declarations for nuisances
247
Evidence for the defence
255
Liability for defective drains and sew 1321
263
Medical expensesPhysicians fees Inquisition of damages before the sher
266
Injunction to prevent the continuance lessee has no power to throw open
270
Remedies for wrongs done
272
Who may dedicateA mere tenant or Ditches of turnpike roads
276
Injuries to lands and tenements from Pleas 312
277
Tenantsincommon
290
Waste by tenant from year to year 282 movable by statute
296
Accidental fires
303
Title of bondfide purchasers of trust es Of pleas denying the plaintiffs title
360
Rights of mortgagees 343 right set up by the defendants pleas
366
Of actions for trespasses Proof of leave and license
376
Of the damages recoverable in actions Assessment of damages where the plain
384
CHAPTER VII
391
TELS
397
Malicious exhibition of articles of the Maliciously causing a searchwarrant
406
Of trespass and conversion Title to chattels by finding
411
Goods found ib overt
418
Conversion of trust property 407
425
Title to trust property
441
Of actions against judges Damages recoverable in actions against
445
CHAPTER VIII
465
Liabilities of owners of carriages let to panies
478
Negligence of servants in breakingin Actions for compensating the families
502
Collisions between vesselsLimitation Contractor and subcontractor
508
Injuries to one fellowservant from the gence
516
Actions against county court judges Special damages 820
517
Malicious proceedings in bankruptcy Declarations for a malicious prosecu
519
Of negligence on the part of the negligent keeping of chattels
522
Of bailments of chattels 522 housemen wharfingers and deposit
529
Disqualification of judges on account of Trespasses by the sheriff and his officers
538
Distinction between robbery and theft Tender of the debt in extinguishment
551
A person cannot set up a right of lien chattels
557
Lien of consignees ib Proof of abandonment of possession
563
rying of passengers merchandise and to alight at intermediate stations 604
567
Duties and responsibilities of common tables
571
Statutory protection of common carriers keepers and lodginghouse keepers
580
When a declaration of value is a condi and wayfarers
606
Prosecutions under the advice of coun
612
Delivery of goods at the place of desti Parties to be made defendants
620
Distress for rent payable in advance Parties to whom tender may be made
638
Things not distrainable
644
Property of strangers placed on the de chattels damage feasant
666
Things distrainable under a license to Replevin in the county court
673
Declarations for distraining and selling
677
Pleas in replevinNon cepit 678 laration
684

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Page 60 - Provided also and be it declared and enacted, that any declaration before mentioned shall not extend to any letters patent and grants of privilege for the term of fourteen years or under, hereafter to be made of the sole working or making of any manner of new manufactures within this Realm, to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patents and grants shall not use...
Page 334 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 511 - ... if I am guilty of negligence in leaving anything dangerous in a place where I know it to be extremely probable that some other person will unjustifiably set it in motion to the injury of a third, and if that injury should be so brought about, I presume that the sufferer might have redress by action against both or either of the two, but unquestionably against the first.
Page 587 - every such company, as aforesaid, shall be liable for the loss of, or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants...
Page 49 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 158 - ... virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter, as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion expectant on the determination thereof.
Page 150 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 200 - ... destroy human life, or inflict grievous bodily harm, &c., therefore, &e., if any person shall set or place, or cause to be set or placed, any spring-gun, mantrap, or other engine calculated to destroy human life, or inflict grievous bodily harm...
Page 29 - ... mischief which could by no possibility have been foreseen, and which no reasonable person would have anticipated. I am inclined to consider the rule of law to be this: that a person is expected to anticipate and guard against all reasonable consequences, but that he is not by the law of England expected to anticipate and guard against that which no reasonable man would expect to occur.
Page 630 - Treasury; and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court.

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