Handbook, of the Law of TortsWest Publishing C.̀, 1917 - 695 sider |
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Side 10
... owner.32 Unlawfulness of Violation Although the statement may appear tautological , it is well to emphasize that the violation of the legal right must be unlawful . To strike another is an invasion of his right of personal security ...
... owner.32 Unlawfulness of Violation Although the statement may appear tautological , it is well to emphasize that the violation of the legal right must be unlawful . To strike another is an invasion of his right of personal security ...
Side 24
... owner may proceed on the theory of a breach of contract ; but he may likewise sue in tort.80 Quasi Tort This term has sometimes been adopted to designate cases coming within the foregoing class . Thus , in an action against a railroad ...
... owner may proceed on the theory of a breach of contract ; but he may likewise sue in tort.80 Quasi Tort This term has sometimes been adopted to designate cases coming within the foregoing class . Thus , in an action against a railroad ...
Side 27
... owner may sue on an implied contract of sale to the wrongdoer . The weight of authority apparently is that he can.89 But other courts have adopted a contrary doctrine . " Following this principle , the Supreme Court of Wisconsin , after ...
... owner may sue on an implied contract of sale to the wrongdoer . The weight of authority apparently is that he can.89 But other courts have adopted a contrary doctrine . " Following this principle , the Supreme Court of Wisconsin , after ...
Side 37
... owner of a horse killed at the depot while harnessed to a wagon , since such horse was not “ running at large . " 134 Not only must the statute create a duty to the very class of persons to which plaintiff belongs , but the loss which ...
... owner of a horse killed at the depot while harnessed to a wagon , since such horse was not “ running at large . " 134 Not only must the statute create a duty to the very class of persons to which plaintiff belongs , but the loss which ...
Side 40
... owner of a cow killed by a locomotive from bringing a common- law action to recover the value , where the killing was negli- gent.149 So the " Employer's Liability Acts , " which impose additional obligations on the master , did not ...
... owner of a cow killed by a locomotive from bringing a common- law action to recover the value , where the killing was negli- gent.149 So the " Employer's Liability Acts , " which impose additional obligations on the master , did not ...
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affirmed alleged Allen Mass arrest Ass'n assault bailment Barb breach Brown cause of action Chapin Cas charge chattel City Clark Code Civ committed common law Conn contract court defamation defamatory defendant defendant's defense of property doctrine duty effect employé employer Exch exercise fact false fraud Gray Mass held husband imprisonment imputation infra injury Iowa Jones jury L. T. Rep latter Law Rev liable libel Lord Herschell malice merely Metc Minn Misc motive N. J. Eq N. J. Law N. Y. Supp negligence officer Ohio St owner person plaintiff possession protection purpose reason recover recovery redress refused Repr responsible result rule servant slander Smith South statute supra Tenn tion Torts trespass trover Union unlawful W. R. Co Wend Wkly wrong wrongdoer York
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.