A Treatise on the Law of Torts in Obligations Arising from Civil Wrongs in the Common LawF.H. Thomas Law Book Company, 1894 - 803 pages |
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Other editions - View all
A Treatise on the Law of Torts in Obligations Arising from Civil Wrongs in ... James Avery Webb,Frederick Pollock No preview available - 2015 |
A Treatise on the Law of Torts in Obligations Arising from Civil Wrongs in ... James Avery Webb,Frederick Pollock No preview available - 2015 |
Common terms and phrases
actual Allen applied assault authority Barb cause of action Chicago cited civil committed common law Conn consequences contract Court courts of equity criminal deceit defendant defendant's detinue distinction doctrine duty entitled ex delicto excuse fact false false imprisonment fraud ground harm held House of Lords injury intention Johnson Jones judgment judicial jury justified kind L. J. Ch L. J. Ex land liable libel Lord malice malicious prosecution Mass matter Metc Minn N. J. Eq N. W. Rep N. Y. S. Rep natural and probable negligence nuisance Ohio St ordinary owner party person plaintiff possession principle privileged purpose Q. B. Div question reasonable remedy right of action rule servant slander Smith special damage statement statute tion tort trespass unlawful Wend wilful words writ wrong-doer wrongful act
Popular passages
Page 597 - 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 536 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 547 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Page 80 - ... whensoever 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 574 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 380 - ... whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit money or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 597 - ... 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. He can excuse himself by showing that the escape was owing to the plaintiff's default, or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 566 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Page 177 - To draw a line between fair and unfair competition, between what is reasonable and unreasonable, passes the power of the courts.
Page 682 - Executors and administrators are the representatives of the temporal property, that is, the debts and goods of the deceased, but not of their wrongs, except where those wrongs operate to the temporal injury of their personal estate.