A Treatise on the Law of Torts, Or the Wrongs which Arise Independently of Contract, Volume 1Callaghan, 1907 - 820 pages |
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Common terms and phrases
action Adams Allen arrest Ass'n authority Bank Barb Beacon Valley Boston Bradstreet Co Brown Cent Central R. R. charge Chicago City Clark Coal Colo committed common law Conn contract corporation County court Cush damages Davis defendant duty easement Elec Exch fact false fraud Gray held liable Hill injury Johns Johnson Jones jury land libel license Louis Louisville malicious Mass Miller Minn Moore negligence officer Ohio St owner party Pennsylvania R. R. person plaintiff possession privileged probable cause prosecution R. R. Co Railroad reasonable recover redress remedy rule slander Slander and Libel Smith Southern Standard Oil Co statute Strob suit Taylor Tenn Thompson tion tort trespass trover Turnpike Co unlawful Wend West Jersey Western Union Wilson Wood wrong-doer wrongful act York
Popular passages
Page 272 - 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 581 - 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 289 - 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 126 - The detriment caused by the wrongful conversion of personal property is presumed to be : "First — The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and "Second — A fair compensation for * the time and money properly expended...
Page 227 - Still, this privilege must be restrained by some limit; and we consider that limit to be this, — that a party or counsel shall not avail himself of his situation to gratify private malice, by uttering slanderous expressions either against a party, witness, or third person, which have no relation to the cause or subjectmatter of the inquiry.
Page 692 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 681 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Page 477 - So it is said that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of the work.
Page 692 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable 1 48 Am. St. Rep. 146. evidence, in the absence of explanation, by the defendant, that the accident arose from a want of care.
Page 224 - Malice in common acceptation means ill will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.