Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, with a Rev. Ed. of Blackstone's Commentaries, Volume 2 (Google eBook)

Front Cover
Eugene Allen Gilmore, William Charles Wermuth
Blackstone Institute, 1914 - Law
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Contents

False imprisonment
20
Same subject
21
CHAPTER n TRESPASS TO THE PERSONPHYSICAL INJURY RESULTING FROM FRIGHT 11 Enhancement of damages for fright and injured f...
23
Physical injury induced by fright
24
Same subjectWhere the fright results from a wilful or wanton tort
25
Same subjectWhere the fright results from negli gence together with impact on the body
26
Same subjectWhere the fright results from negli gence without impact on the body
27
TRESPASS TO PROPERTY 16 Trespass to real property
34
Same subjectThe superjacent space
35
Trespass to personal property
36
Same subjectQuestion of nominal damages
37
CHAPTER IV
39
Same subjectAmerican cases
40
Same subjectMeaning of accident
41
Mistake no excuse
43
SECTION PAGE 24 Leave and licenseMeaning
44
Same subjectIllustrations
45
Same subjectSports and fighting
46
CHAPTER V
48
Same subjectCrossactions
49
Defense of third persons
50
Defense of personal property
51
Defense of real property
52
Recaption of personal property
53
Same subjectTrespasses excusable
54
Same subjectTrespasses not excusable
55
Entry upon lands to repossess them
56
Same subject
57
CHAPTER VI
59
Trespass to property justified by necessity or public policy
60
Discipline as an excuse for trespass
61
Abatement of nuisances
62
Arrest without warrantArrest by an officer
64
Same subjectArrest by a private person
65
Same subjectProcess fair on its face
66
Same subjectService on a person in his dwelling
68
TRESPASS AB INITIO SECTION PAGE
70
Bibliography
71
Conversion Frank L Simpson A B LL B
73
Detinue
75
Conversion defined
77
Distinction between trespass and trover
78
CHAPTER II
81
Wrongful taking
83
Nature of plaintiffs right in the property
84
Same subjectPossession or right of possession
85
IntentBad faith
88
Same subjectIntent to convert
89
Demand and refusal
92
Same subjectQualified refusal
95
Vesting of title of property converted
97
CHAPTER III
99
Conversion by pledgee _
102
SECTION PAGE 20 Innocent purchasers
103
Same subjectPurchase from one having defeasible title
104
Same subjectConditional vendees
106
Same subjectAttaching creditors
107
Same subjectNegotiable instruments
110
Negligence and Legal Cause Barry Gilbert A B LL B
113
Legal cause
114
Last human wrongdoer rule
115
Implied negative rule
116
First exception
117
Second exception
118
Third exception
119
Fourth exception
120
Same subject
121
Natural and proximate rule
122
Intervening causesConsequential results
124
Intervening acts of nature
125
Intervening acts of animals
126
Intervening instinctive acts
127
Intervening volitional acts of plaintiffNonculpable
128
Same subjectCulpable acts
129
Plaintiffs failure to act
130
Nonculpable acts of third person
131
Same subject
132
Intentional acts of third person
133
Implied negative rule
135
Same subjectForeseen wilful acts
136
Who decides questions of legal cause
137
Bibliography
138
CHAPTER II
139
Same subject
140
Duty owed to plaintiff
141
Duty of maker or vendor of chattels
142
Same subjectExceptions
143
Same subject
145
Same subjectContinued
146
Duty to a trespasser
147
Same subjectAffirmative acts
148
Same subjectTurntable cases
149
Duty to look out for trespassers
150
Duty to licensees
151
Same subjectDuty to give warning
152
Duty to invitees
153
To whom duty is owed
154
Nature of dutyWhether violation is negligence
156
Relation of violation to injury
158
Negligent breach distinguished from wilful breach
159
Same subject
160
Nonfeasance and misfeasance
161
Same subjectOmissions in the course of acting
162
What is due care?
163
SECTION PAGE 56 Same subject
165
Degrees of care
166
Standard of care of defectives
167
Standard of care of minors
168
Necessity of damage
169
Who determines the existence of negligence?
170
Burden of proof
171
Res ipsa loquitur
172
Same subjectIllustrations
173
CHAPTER III
174
Amount of negligence that will bar
175
Davies v Mann
176
The last clear chance
177
Extent of adoption of the rule
178
The rule applied
179
Same subjectFurther applications of the rule
180
Same subjectThe rule applied
181
Care when danger possible but not imminent
182
Care when a third person is in peril
184
Care when defendant violates a statutory duty
185
Care when defendants act is wilful
186
Plaintiff barred by violation of a statute
187
devoted to the commentaries on the principles of
190
Common enterprise rule
191
SECTION PAGE 85 Parents negligence imputed to child
192
Same subjectWifes action for her own injuries
193
Certain situations discriminated
194
Bibliography
195
Deceit Edward D Osborn
197
Elements of liability
198
Warranty and deceit
199
Culpability of the defendant
213
Representation to whom made
216
Justification and excuse
217
THE EFFECT UPON THE PLAINTIFF
220
Defamation Charles M Hepburn A B LL D
225
Differences between the two uses of defamation
227
CHAPTER II
234
The scope of slander
242
CHAPTER IV
248
SECTION PAGE 13 Publication
254
Whether falsity of statement is necessary
255
Whether intent to defame is necessary
256
Whether malice in the publication is necessary
257
Whether actual damage is necessary
258
Summary of essentials
259
CHAPTER V
261
Privilege as a defense
263
Fair comment as a defense
272
CHAPTER VI
276
Excess of privilege
277
CHAPTER VII
281
Damages
283
Bibliography
285
Malicious Prosecution John C Townes LL D
287
Definition
289
Judicial proceeding
291
Want of probable cause
295
Malice
298
SECTION PAGE
300
Remedy
307
VOLUME XIII
312
Domestic and Business Relations William C Jones A B M A
313
CHAPTER II
319
INTERFERENCE WITH BUSINESS OR EMPLOYMENT SECTION PAGE 11 General ground for immunity from interference with business or emp...
324
Business Relations constituting Part VII is a com
325
Questions involved
326
Justification
327
Same subjectJustice Holmes statement of the doc trine of justification
328
Same subjectLord Bowens statement of the doc trine of justification
329
Competition
330
Same subjectCase of the Passaic Print Works
332
Same subjectCases of Lewis v HuieHodge Lumber
333
Co and Graham v St Charles Street Railway
334
Same subjectProfessor Wymans statement of the rule of unfair competition
335
Same subjectLord Bowens view of the meaning and import of malice
336
Same subjectLord Watsons statement as to effect of malice
337
Combination
338
Same subjectFrederic J Stimsons view
339
Same subjectDoremus v Hennessy
340
Same subjectDelz v Winfree
341
Same subjectBailey v Master Plumbers Associa tion
342
Same subjectMartell v White
343
Same subjectLegality of strikes
344
Same subjectLegality of purpose of strike a ques tion of law
345
Same subjectThe sympathetic strike
346
Same subjectIllegal accompaniments of strikes
347
Same subjectPrimary boycott
348
Same subjectMethods pursued in boycotts
349
Same subjectCoercing workmen not to work
350
Same subjectCoercing material men not to sell to boycotted person
351
PicketingDefinitionLegality
352
Same subjectPicketing accompanied by unlawful means
353
Same subjectView that all picketing is unlawful 354
356
Disparagement of goods
357
Same subjectCases not actionable
358
Bibliography
359
PART VIII
361
Expansion of the common law
362
History of the right of privacy
363
Definitions of right of privacy
365
Analogy between the right to privacy and the right to intellectual and artistic property
367
Distinction between right to privacy and right to reputation
369
Case of Schuyler v Curtis
372
SECTION PAGE
373
Statutory Interpretation John R Hood LL B
375
Case of Pavesich v New England Life Insurance Com
379
Case of Hillman v Star Publishing Company
385
Same subject
391
Same subjectAssumption of risk by trespasser
399
SECTION PAGE
401
CHAPTER III
408
Liability for damage from explosives
415
VOLUME VII
421
As to support of land
423
Same subjectHow the joint liability may be deter
431
Effect of release of or settlement with one joint tort
437
Fellow Servant Doctrine Theophilus J Moll Ph B LL B
439
Masters liability for act of servantGeneral rule
440
Who are fellowservants
443
Fellowservants in railroad service
444
Same subject
445
Fellowservants in other employments
446
Rule in cases of transfer of service
447
Anomalous coservants
448
Same subject
449
Different department test of fellowservice
450
Comments on these tests
451
Different employments under same master
452
Keeping things safe
458
Viceprincipal doctrine
459
Same subjectOperative and administrative acts
460
Same subjectAct and not the grade
461
Same subjectSuperior officer
462
Same subjectA summary
463
Injured servants contributory negligence
464
Effect of masters promise to remedy
465
Burden of proof
466
Wrongdoing servants liability
467
Constitutional questions involved
473
Estoppel Oliver S Rundell LL B
477
Bibliography
479
i
481
Law of FellowServant and Compensation
525
TITLE OF CASE PAGE
535
TRESPASS
537
Savage
543
Shoemaker Co
550
Armstead
625
Gile
635
PARTICULAR INSTANCES OF CONVERSION
642
Milwaukee Saint Paul Railway Company v Kellogg
649
New York Central Railroad Company
655
CHAPTER II
661
Breed
667
Gautret Administratrix v Egerton
675
TITLE OP CASE PAGE
732
CHAPTER III
743
CHAPTER II
752
0Toole
758
Wells
801
CHAPTER III
809
PART IX
817
CHAPTER III
825
Blackstone Henry W Ballantine A B LL B
867

Common terms and phrases

Popular passages

Page 860 - 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.
Page 374 - A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor.
Page 828 - ... 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...
Page 787 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, is privileged, if made to a person having a corresponding interest or duty, although it contain criminating matter which, without this privilege, would be slanderous and actionable...
Page 649 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 649 - The true rule is, that what is the proximate cause of an injury is ordinarily a question for the jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Page 763 - O, she doth teach the torches to burn bright ! Her beauty hangs upon the cheek of night As a rich jewel in an Ethiop's ear...
Page 860 - ... by the Constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same. It is much easier to perceive and realize the existence and sources of this power than to mark its boundaries, or prescribe limits to its exercise.
Page 275 - The proper meaning of a privileged communication is only this; that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact ; that the defendant was actuated by motives of personal spite or ill will, independent of the occasion on which the communication was made.
Page 467 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.

Bibliographic information