A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
From inside the book
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Page 13
... exist- ing law governs all cases , and that the ruling principle for any existing controversy will be found , if sought for . This is substan- tially what is done by the English common law ; and with this principle accepted , rights ...
... exist- ing law governs all cases , and that the ruling principle for any existing controversy will be found , if sought for . This is substan- tially what is done by the English common law ; and with this principle accepted , rights ...
Page 21
... any question must be conclusively deemed correct . If that tribunal finds that no right exists , then the party is not wronged by a right being denied him . Order and stability in government require that GENERAL NATURE OF LEGAL WRONGS . 21.
... any question must be conclusively deemed correct . If that tribunal finds that no right exists , then the party is not wronged by a right being denied him . Order and stability in government require that GENERAL NATURE OF LEGAL WRONGS . 21.
Page 23
... exists for the benefit of those who submit and are governed by it , and the benefit is afforded in the establishment and protection of rights . Except for this purpose , no govern- ment could for a moment justify its existence . The ...
... exists for the benefit of those who submit and are governed by it , and the benefit is afforded in the establishment and protection of rights . Except for this purpose , no govern- ment could for a moment justify its existence . The ...
Page 30
... exist . First , the evidence of falsity may be wanting , because the charge may relate to something in the plaintiff's past history concerning which information is not attainable . Second , it 30 THE LAW OF TORTS . Even when defamation ...
... exist . First , the evidence of falsity may be wanting , because the charge may relate to something in the plaintiff's past history concerning which information is not attainable . Second , it 30 THE LAW OF TORTS . Even when defamation ...
Page 33
... exist where there is only religious toleration ; the second enlarges toleration into religious liberty and equality . But the liberty to worship , like all other liberty , must have bounds prescribed to it as a necessary protection to ...
... exist where there is only religious toleration ; the second enlarges toleration into religious liberty and equality . But the liberty to worship , like all other liberty , must have bounds prescribed to it as a necessary protection to ...
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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...