Commentaries on the Law of Torts: A Philosophic Discussion of the General Principles Underlying Civil Wrongs Ex Delicto, Band 1

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Bancroft-Whitney, 1903
 

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Inhalt

CHAPTER II
18
Right of suffrage
19
Rights in personam and in
20
SPECIFIC WRONGSTO PROPERTY RIGHTSBY
34
LIABILITY OF PERSONS
39
Principles underlying joint liability
43
Acts joint or several explained and distinguished
44
Same continuedConspiracy
45
Same continuedWhen acts separate and without commou intent
46
Ratification or adoptionGeneral principies 48 Same continuedIllustrative cases
48
Joint liability when independent contract is made
49
Joint liability for injury from falling partywall
50
Liability of joint owners of animals
51
Same continuedOwners of dogs
52
Joint liability for maintenance of nuisance
53
Joint liability in slander and libel
54
Joint liability in malicious prosecution
55
Liability of municipalities or counties jointly maintaining bridge
56
Action for joint tort may be brought
57
Same continuedSeparate action against eachRules and incidents
58
SameThe common
59
Commonlaw rule further consideredFundamental princi ples
60
Same subject continuedThe American rule
61
Same continuedEffect of issuing execution
62
Release of one joint tortfeasorPartial satisfaction
63
Judgment and execution in action against all joint tort
64
feasors
65
Same continuedLiability for negligence
67
Same continuedKind of damages that may be assessed
75
Husband and wife Joint liability
76
CHAPTER IV
77
PartnershipLiability for torts
78
PartnersJoint liability
79
Joint liability of attorney and client
80
Joint liability of officer and deputyPrinciples of substantive liability
81
Same continuedIs there a joint liability
82
When the agent follows an independent employment
83
Private corporationsResponsibility for torts
105
CHAPTER V
120
CONTRIBUTION BETWEEN WRONGDOERS 84 ContributionDoctrine explained 85 Contribution applied to torts 86 Contribution between tortfe...
156
CHAPTER VII
173
Recorder continuedCertificate of search
175
False imprisonmentDefined
212
b Public
213
When others than arresting officer liable
218
Arrest under warrant
224
Same May make rules and regulations
228
Duty as to receiving guests
235
Kind of care required to avoid negligence
247
Ordinary care definedWhen exacted
248
Standard of duty how fixed
249
As Affected by Relation to Injured
250
Comparative negligence
251
Proximate cause 253 Imputed negligence
253
Negligence of children
254
Violation of statute or ordinance
255
Questions of negligence how decided
256
Negligence causing frightMental suffering whether
257
Defective harness
275
AmbulancesCare required in use
276
Fire departmentPersonal injuries from
277
AutomobilesTheir use in streets and roads
278
BicyclesTheir legal status
279
Relative rights of bicycle traveler and others
280
281 Personal injury in use of bicycle
281
Street railwaysInjuries caused to travelers
282
Street railwaysInjuries to travelers from nonrepair
283
CHAPTER X
295
doctrine
300
Liability of municipalities further specially considered
303
Subject further consideredNotice of defects
304
Liability of municipality when it makes independent con tract to do some work in streets
305
Excavations in streets
306
ExcavationsNature of the legal duty and wrong
307
Same continuedExcavations in and other uses of streets without authority
308
Delays from crowded condition of streets
309
Incidental uses of streetsTemporary obstructions in
310
Boats and shipsDuties and liabilities
359
Elevators are common carriers
360
SameCare required of persons operating elevators
361
Same continuedSpecial instances of liability
362
Same continuedPerson injured must be prudent
363
Falling into elevator shaft
364
CHAPTER XII
369
CHAPTER XIII
383
384 There must be publication
384
385 Same What constitutes publication
385
Manner and form of publication
386
Publication continuedDefamatory matter must be under stood and heard by third person
387
Liability of persons republishing or repeating
388
Reputation and character distinguished
389
Defamatory matter must be false to give rise to a civil actionTruth as a defense
390
SameProof of truth
391
Injurious representations_Classes Per sePer quod
392
What words are actionable per
393
Subject further considered
394
Same continuedImputing contagious disease
395
Words actionable per seSpoken of one in his occupation
396
Words actionable per quodSpecial damages
397
Particularity of allegation and proof when special damage must be shown
398
Words defamatory per se in libel
399
ExcusesPrivilegesAbsolute and qualifiedClassification General doctrine
400
AbsoluteQualified privilege distinguished
401
process
402
Same Judicial bodies
403
SameExecutive communications
404
SameBy the publicTo public officials
405
SameQuasi publicChurches lodges
406
Privileged cases Private To selfDefending attack
407
408 Privileged casesTo persons having interest in subject mat
408
Clerks of courts
411
CHAPTER XV
420
FORCE
438
CHAPTER XVI
440
Acts constituting assaultIllustrations
449
Same continuedPointing unloaded gun 202 By officer
451
Assault by owner in recapture of personal property
452
Assault in gaining possession of land
455
Correction of pupil by teacher
456
Proffer of sexual intercourse
458
Selfdefense
459
SameFurther as to justification
460
209 Defense of member of family
461
Defense of property
462
211 Action for injury in mutual combat
463
b Restraint of Persons for Peace Security
465
RESTRAINT OF PERSONS FOR PEACE AND SECURITY
490
Malicious Abuse of Process
495
Right of Personal Security
501
gence
509
Willful and wanton negligence
521
INJURY TO RIGHT OF PERSONAL SECURITY
531
NEGLIGENCE IN USE OF DANGEROUS AGEN CIES 258 Blastingof the right to engage in work of 259 Blasting continuedLiability for injuries f...
551
While Traveling in Roads and Streets 21
571
Same continuedDuty of railway company at crossings 296 Same continuedWhen railway does not give signal 297 Same continuedDuties and liabili...
572
The law of the road
573
Relative rights of footmen and vehicles
575
Collisions between vehicles passing in same direction
578
Fast drivingInjuries from 8 273 Injury from runaway horse 274 Leaving horse unbitched in strcet
579
CHAPTER XXII
614
CHAPTER XXIII
635
INJURY TO RIGHT OF PERSONAL SECURITYNEG LIGENCE BY COMMON CARRIERS OF PASSEN GERS I RAILWAY COMPANIES 333 C...
663
INJURY TO PERSONAL SECURITYBY NEGLECT OF PHYSICIANS SURGEONS AND APOTHECARIES 365 Nature of the right violated 366 R...
720
Right of Reputation
748
Privileged cases in libelNewspaper comment upon acts of public officials 411 Same_Comments upon qualifications of candidates for of fice 412 M...
749
TION CONTINUEDBY MALICIOUS PROSECU TION 413 Introductory 414 Nature of right and injury_Does it embrace both criminal and civil ac...
805
Right to Health or Comfort 28
839
Nuisance_Defined and explained
840
Injury to healthBlackstone
842
Personal discomfort
844
Same continuedSome things held not to be nuisance
848
Legislation to prevent
850
Other questions
851
Urheberrecht

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Seite 21 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Seite 346 - Government is instituted for the common good ; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men...
Seite 546 - If the right of recovery in this class of cases should be once established, it would naturally result in a flood of litigation in cases where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty which often exists in cases of alleged physical injury, in determining whether they exist, and, if so, whether they were caused by the negligent act of the defendant, would not only be greatly increased, but a...
Seite 221 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Seite 434 - ... judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.
Seite 514 - If a person undertakes to do an act or discharge a duty by which the conduct of others may properly be regulated and governed, he is bound to perform it in such manner that those who...
Seite 751 - Defamatory words falsely spoken of a person, which impute to the party unfitness to perform the duties of an office or employment of profit, or the want of integrity in the discharge of the duties of such an office or employment. (4) Defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade. (5) Defamatory words falsely spoken of a person, which, though not in themselves actionable, occasion the party special damage.
Seite 302 - On the other hand, the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, "not only what shall be done, but how it shall be dona
Seite 633 - The primary purpose of streets is use by the public for travel and transportation, and the general rule is that any obstruction of a street or encroachment thereon which interferes with such use is a public nuisance.
Seite 349 - The officer is distinguished from the employee in the greater importance, dignity and independence of his position; in being required to take an .official oath, and perhaps to give an official bond; in the liability to be called to account as a public offender for misfeasance or nonfeasance in office, and usually, though not necessarily, in the tenure of his position.

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