A Treatise on the Law of Torts, Or the Wrongs which Arise Independently of Contract, Volume 1Callaghan, 1907 - 820 pages |
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action Adams Allen Ass'n Bailey Baltimore Bank Barb Boston Bradstreet Co Brown cause Cent Central R. R. Chicago City Clark Coal Colo common carrier common law Conn contract contributory negligence court Cush damages danger Davis defect defendant duty easement Elec Exch fact fraud Gray held liable injury Johnson Jones jury Kansas land Louis Louisville malicious Mass master Miller Mills Minn Miss Missouri Moore negligence Northern Pac nuisance officer Ohio St owner party Penn Pennsylvania Co Pennsylvania R. R. person plaintiff Railroad Railroad Co reasonable remedy rule S. C. Rep servant Smith Southern Standard Oil Co statute Taylor Tenn Thompson tion tort trespass trover Union Pac Utah Wash Wend West Western Union Wilson Wood wrong York
Popular passages
Page 268 - 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 290 - Everyone has a right to enjoy the fruits and advantages of his own enterprise, industry, skill and credit. He has no right to be protected against competition; but he has a right to be free from malicious and wanton interference, disturbance or annoyance. If disturbance or loss come as a result of competition, or the exercise of like rights by others, it is damnum nbsque injuria, unless some superior right by contract or otherwise is interfered with.
Page 285 - 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 573 - 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 124 - 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 223 - 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 682 - 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 671 - 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 293 - ... business intercourse through threats that, unless those others do so, the many will cause similar loss to them.
Page 682 - 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.