A Treatise on the Law of Torts, Or the Wrongs which Arise Independently of Contract, Volume 1

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Callaghan, 1907 - Torts - 820 pages
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Contents

Acts merely intended
17
Threats and words
18
Damage from the lawful exercise of rights
21
Concurrence of wrong and damage
22
Mental anguish
24
Fright or mental anguish producing sickness or other phys ical effects
26
Proximate cause
30
Proximate causeIllustrations
35
Malice as a source of liability
43
Injury sustained in wrongdoing
48
Torts by relation
52
Liability of Infants and incompetents for contracts and crimes
54
Torts by infanta
57
Parents liability for torts of child
62
Torts by drunkards
63
Torts by private corporations
67
Liability of charitable corporations for torts
71
Liability of public corporations for torts
72
CHAPTER m
83
Conspiracy
85
Adoption or ratification of wrong
87
Joint liability of officer and party
88
Participation by attorneys
90
Joint liability for slander
91
Joint liability in case of negligent Injuries
92
In case of nuisances
95
In case of master and servant
96
Joint liability in other cases
97
General consequences of joint liability
98
Effect of judgment against less than all
100
Effect of release or other settlement with one joint wrong doer
102
Contribution In Indemnity as between wrongdoers
104
CHAPTER IV
108
Recaption or reprisal
112
Recaption in case of confusion of goods
115
Recaption in case of transformation of the property
117
Entry upon lands to repossess them
119
Distress of goods to compel performance of duty
120
Redress by action
121
Remedy In admiralty
122
The action for damagesGeneral and special damages
123
Nominal damages
124
Compensatory damages
126
Avoidable consequences
127
Allowance of Interest In tort actions
128
Waiving a tort and suing in contract
129
Locality of wrongsConflict of laws
133
Liability of the Btate 82
136
Assent of plaintiff
137
Release or agreement after injury
139
Statute of limitations
140
Parties
142
Remedy for violation of statutory duties
144
CHAPTER V
149
Batteries
150
Batteries assented to
151
Intent in batteries
153
In defense of family
155
In case of teacher and pupil
157
Use of excessive force In making defense
158
Lawful restrains in certain relation
159
Arrest by virtue of legal process
161
Arrest without warrant
163
Restraint of the Insane
165
What constitutes false imprisonmentIllustrative cases
166
Malicious Prosecution Criminal Proceedings 87 Nature of the wrong
170
Advice of counsel
173
Proof of probable cause or the want of it
176
Malice
179
What Is an end of the proceeding
180
Who liable
182
When there is an interference with person or property
183
When no interference with person or property
185
The same rules apply to actions for malicious civil suits as for criminal prosecutions
187
Malicious abuse of process
188
Arrests for an ulterior purpose
189
Officer serving his own process
191
Arrest of privileged persons
192
Violating the right of privacy
193
CHAPTER VL
196
Words actionable per se
200
Words which impute an indictable offense
201
Words which Impute a contagious or infectious disease
205
Words which tend to injure one In his business or trade
207
Words not actionable per se
210
Libel compared with slander
211
What constitutes libel
212
Meaning and construction of words usedQuestions for court and jury
216
The colloquium and innuendo
219
Truth as a defense
221
Malice
223
Privilege in general
224
Cases of absolute privilegeJudicial proceedings
225
SameLegislative proceedings
229
SameExecutive acts
230
Qualified or conditional privilege
231
Cases conditionally privilegedExamples
236
Cases privileged on individual reasons
238
Liberty of the pressIts privilege and responsibilities
240
Repeating slanders and libels
246
Slander of property
247
Damages
248
Slander of the dead and other points
249
CHAPTER VII
251
Husbands remedy for injury to the wife
253
Wrongs to the wife
254
Action by wife for alienation of husbands affections
257
Action by parent
258
Parents action for seduction of daughter
260
Wrongs to a child
264
Action for fraudulent marriage
265
Burial rights and rights in dead bodies
266
14L Master and servant
270
Action for Wrongful Death Pago f 142 No action at common law for causing the death of a person
271
Construction of statutes generally
272
Whether remedy local
274
Who liable
276
The beneficiaries
277
What is wrongful act neglect or default
279
Defenses
280
Damages recoverable
283
CHAPTER IX
289
Procuring discharge of employee
291
Action for Inducing breach of contract
292
Combinations to prevent or Interfere with the employment of labor
293
Injury to trade or business
296
Right to the service of common carriers and to other quasi public services
302
Right to the privileges and accommodations of Inns res taurants and the likeCivil rights acts
305
Right to instruction in the public schools
307
Right of suffrage
309
CHAPTER X
311
Trespasses in hunting
313
Trespass by means of inanimate objects
315
Possession and the right of possession
316
Remedy of those having estates not in possession
321
Justifiable entriesLicense
322
Express license
324
Revocation of license after expense incurred
326
License given by law
328
Abuse of licenseTrespasser ab initio
331
Trespass upon abutting owners
332
Tenants in common
333
Injuries to land other than trespass
335
CHAPTER XL
338
Modifications of the common lawFencing statutes
341
Cattle escaping when being driven on highway
342
Injuries by vicious animals
343
The notice 34 C
346
Who liable
347
Effect of plaintiffs contributory negligence or other fault
348
Right to kill vicious animals
349
Injuries by wUd beasts
350
CHAPTER XIL Injuries to Incorporeal Rioirrs 5 187 Nature of incorporeal rights S61 188 Copyrights and patents
351
Inventions not patented
352
Literary and artistic productions not copyrighted
353
Rights of abutting owners
370
Action for interfering with easement
371
CHAPTER XIIL Violations of Official Dutt 205 Liability in general 873
373
Rules applicable to all officers
374
Executive officers
375
Legislative officers
376
Judicial officers
377
Jurisdiction essential
379
Judge interested 3S2 212 Ministerial action by Judicial officers
382
Quasijudicial officers
383
Ministerial officers
386
Election officers
387
Recorder of deeds
389
Inspectors
391
Postmasters
392
Sheriffs
393
Notaries public
399
Taxing officers
400
Clerks of courts and other officers
401
Want of means to perform duty
402
De facto officers
403
CHAPTER XXV
405
Right to crops
411
Right to trees
413
Trespass to personalty
414
Indirect injuries to personal property
417
The plaintiffs right or title
419
What may be converted
421
What constitutes conversion
423
Demand and refusal
430
Conversion by tenant in common
432
Return of property
434
Damages
435
Effect of judgment on title to the property
437
Justification under process
438
CHAPTER XV
441
How representations may be made
442
cost quality etc
446
Representations as to matters of law
452
Representations as to title
453
Materiality of representations
454
Duty of selfprotection
455
Who may rely upon the representationsRepresentations to the public
457
Knowledge by the wrongdoer of the falsity
460
Representations must have been acted on
463
Burden of proof
466
Rescinding contract for fraud
467
Affirming contract
469
CHAPTER XVI
471
Independent contractors
477
The masters liability to third persons for the acts or omis sions of his servantsGeneral rule
485
Masters liability for the wilful malicious or Intentional acts of Ma servants
486
Masters liability for the unintentional or negligent acts of his servants
490
Disobedience of orders immaterial
492
Scope of employment
493
Masters liability to the servantGeneral principles
499
Masters duty and liability as to place
502
Duty and liability of master as to tools appliances mate rials etc
508
Duty of master In employing and retaining fellowservants
515
General duty of master to protect servant from latent and unnecessary dangers 618
518
Duty of master as to supervision and regulation 619
519
Duty to warn and instruct the young and inexperienced
523
Degree of care required of master in performance of duties
524
Master cannot delegate his duties
527
Assumption of risk by servant
528
Effect of masters orders upon assumption of risk
539
Risk of fellowservants negligenceGeneral rule
541
Whether rule applies when negligent servant is of superior grade or rank 644
544
Servants in different department 646
546
Negligence of servant in distinct business 650
550
Test of who are fellowservants 661
551
Effect of masters promise to repair or remove defect or danger
555
Negligence of master and fellowservant combined
558
Contributory negligence of servant 659
561
Liability of servant 662
562
Relation of master and servant modified by statute 664
564
CHAPTER XVU Nuisances 288 Definition of nnlsance 665
565
Nuisance per se
566
Classification of nuisancesPublic and private nuisances
567
Lawful use of property as respects the question of nuisance
568
Degree of annoyance necessary to constitute a nuisance 671
571
Effect upon ordinary people the criterion
574
Things which produce mental disquietude or offend the taste 675
575
Care and intent In general Immaterial
577
Things kept or produced upon land which escape to adjoin ing land
578
Z99 Interfering with surface water
582
Subterranean waters
586
Nuisances In the use of water coursesGeneral rules 691
590
Diversion 692
592
S03 Detention of the water
593
Flooding lands by damming or obstructing stream 695
595
Pollution of stream
596
Reasonable use of stream
597
Smoke dust gases offensive odors etc
601
Noise jarring vibrations
604
Nuisances which threaten calamity
606
Private injury from public nuisance
609
Effect of legislative authority
611
Continuity of the wrong
616
Who responsible
617
Joint liability
623
Who may complain
624
Remedy
627
Bailment in general
631
Bailments for mutual benefit
635
Safe deposit companies
639
Innkeepers
640
Common carriers
646
Carriers of persons
653
Liability for baggage
659
Street railways
661
Passenger elevators
663
Sleeping car companies
664
Telegraph companies
665
Skilled workmen
668
Professional services in general
669
Attorneys
670
Physicians
671
Voluntary services
674
Neglect or violation of statutory duty
675
CHAPTER XDC
681
Negligence involves breach of duty
683
Standard of care
687
Negligence as dependent upon ability to foresee harm
688
Proof of negligenceBe ipsa loquitur
689
When negligence is a question of law and when of fact
696
Contributory negligence
700
Rule in admiralty
703
Plaintiffs negligence must have been proximate to the in Jury
704
When defendants conduct is reckless or wilfulDoctrine of last clear chance
706
Taking risks to save life of property
709
Mistake in sudden peril
710
Comparative negligence
711
Contributory negligence of children and other Incompetents
713
Contributory negligence subsequent to injury
715
Imputed negligence generally
717
Contracts against liability for negligenceCommon carriers
721
SameTelegraph companies
728
SameOther cases
730
Liability for dangerous premises to persons Invited
731
Liability of licensees and trespassers
734
Liability to trespassing children
736
Liability of landlord for dangerous premises
739
Hazardous undertakingsSetting fires
741
Fires communicated by machinery
743
Injuries by firearms and explosives
746
Poisons and like dangerous commodities
750
Gas works
755
Principal classes of negligence cases
758
Street railways
763
Defects in highways
766
Liability of maker vendor or furnisher of an article to per
773
sons not in privity of contract
778
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Common terms and phrases

Popular passages

Page 272 - 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 581 - 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 289 - 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 126 - 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 227 - 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 692 - 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 681 - 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 477 - So it is said that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of the work.
Page 692 - 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.
Page 224 - Malice in common acceptation means ill will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.

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