Selected Essays on the Law of Torts |
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Common terms and phrases
absolute liability accident actual alleged animal answer applied authority Bohlen breach causation circumstances cited civil command common law condition conduct consequences contract contributory negligence court damage danger decision defect defendant defendant's tort distinction doctrine duty English law existence fact fault ferae naturae Fletcher ground harm HARV Holmes imposed individual interest injury innocent actor intent Jeremiah Smith judges jury Justice land landlord landowner law of torts legal cause Lord Mass master merely modern motive N. Y. Supp nature opinion owner party peril plaintiff Pollock premises present primâ facie principle probable Professor protection quasi-contract question reason recognized recover recovery regarded relation remedy repairs responsibility result risk Roman law rule Rylands Salmond says secure seems servant Sioux City Sir Frederick Pollock slander and libel social interest statement statute tenant thing tion trespass unlawful act vicarious liability Wigmore wrongdoer
Popular passages
Page 599 - 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 24 - As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of these cities, and live...
Page 455 - There is no privity of contract between these parties; and if the plaintiff can sue, every passenger, or even any person passing along the road, who was injured by the upsetting of the coach, might bring a similar action. Unless we confine the operation of such contracts as this to the parties who entered into them, the most absurd and outrageous consequences, to which I can see no limit, would ensue.
Page 387 - An actionable nuisance is said to be anything wrongfully done or permitted which injures or annoys another in the enjoyment of his legal rights.
Page 521 - And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know...
Page 400 - The ruling was in form that there was no evidence of negligence to go to the jury...
Page 282 - Confusion has arisen from regarding " negligence " as a positive instead of a negative word. It is really the absence of such care as it was the duty of the defendant to use.
Page 510 - The servant is not bound to risk his safety in the service of his master, and may, if he thinks fit, decline any service in which he reasonably apprehends injury to himself; and in most of the cases in which danger may be incurred, if not in all, he is just as likely to be acquainted with the probability and extent of it as the master.
Page 319 - All courts shall be open and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
Page 396 - ... general jurisprudence, upon which this court, in the absence of express statute regulating the subject, will exercise its own judgment, uncontrolled by the decisions of the .courts of the State in which the cause of action arises.