Handbook of the Law of TortsWest publishing Company, 1917 - 695 sider |
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Side 3
... given , invites rather than answers inquiry ; but it will likewise be observed that all of them lay stress upon one or two important facts , which will now be considered . The remainder of this chapter will amount to but little else ...
... given , invites rather than answers inquiry ; but it will likewise be observed that all of them lay stress upon one or two important facts , which will now be considered . The remainder of this chapter will amount to but little else ...
Side 8
... given . If I , standing on a pier , see my neighbor struggling in the water , no law requires me to throw him the life preserver which I hold in my hand . " If I know that a villain intends to defraud or in any way to injure my neighbor ...
... given . If I , standing on a pier , see my neighbor struggling in the water , no law requires me to throw him the life preserver which I hold in my hand . " If I know that a villain intends to defraud or in any way to injure my neighbor ...
Side 12
... given , not because of any agreement upon A.'s part to refrain from the commission of this act , but because the right of personal security given by the law to B. has been violated . Indeed , B.'s permission that A. might strike him ...
... given , not because of any agreement upon A.'s part to refrain from the commission of this act , but because the right of personal security given by the law to B. has been violated . Indeed , B.'s permission that A. might strike him ...
Side 17
... given to the plaintiff by law . If , for example , I obtain goods from A. , promising at the time to pay for them thirty days hence , and fail to do so , this is manifestly nothing more than a broken contract . But suppose that at the ...
... given to the plaintiff by law . If , for example , I obtain goods from A. , promising at the time to pay for them thirty days hence , and fail to do so , this is manifestly nothing more than a broken contract . But suppose that at the ...
Side 25
... given only when the action is brought as for a tort . Trout v . Wat- kins Livery & Undertaking Co. , 148 Mo. App . 621 , 130 S. W. 136 : Sutherland on Damages , § 99 . tions on contract , with a few exceptions , as § 9 ) 25 ELECTION ...
... given only when the action is brought as for a tort . Trout v . Wat- kins Livery & Undertaking Co. , 148 Mo. App . 621 , 130 S. W. 136 : Sutherland on Damages , § 99 . tions on contract , with a few exceptions , as § 9 ) 25 ELECTION ...
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affirmed Allen Mass Ass'n Bank Boston breach Brown cause of action Chapin Cas charge chattel Chicago City Clark committed common law Conn contract courts damages Davis defamation defendant defendant's defense of property doctrine duty effect employé employer exercise fact figures refer fraud Gray Mass held infra injured party injury Iowa Johnson Jones jury L. T. Rep latter liable libel Louisville & N. R. malicious merely Miller Minn Misc N. J. Eq N. J. Law N. Y. Supp negligence nuisance Ohio St owner Pennsylvania Co person plaintiff possession reason recover recovery redress refer to pages Repr responsible result rule servant slander Smith South Standard Oil Co statute supra Tenn tion Torts trespass Union unlawful W. R. Co Wend Wkly wrong wrongdoer York Cent
Populære avsnitt
Side 110 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Side 519 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Side 436 - And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do...
Side 512 - We think that the true rule of law is that the person who, for his own purposes, brings on his land 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.
Side 448 - But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act which is in law and in fact a wrong act, and therefore a wrongful act, and therefore an actionable act if injury ensues from it.
Side 371 - In form, it is a fiction; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Side 512 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Side 225 - Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership, or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
Side 512 - 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.
Side 134 - In an action or special proceeding a married woman appears, prosecutes or defends alone or joined with other parties as if she was single. It is not necessary or proper to join her husband with her as a party in any action or special proceeding affecting her separate property.