Wrongs and Their Remedies: A Treatise on the Law of Torts, 第 1 卷

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Banks and Bros., 1876 - 1440页
 

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目录

Of libel and written slan Disclosures made bond fide in the course
23
Arrest of the person and seizure of Replications 813
25
Wrong without damage 6 Liability of the defendant in respect
28
It is not necessary to show that actual Indemnification of the master by
34
What writings are libellous and action communications to a wrong party
37
Detention of recruits and deserters 708 Liability of a corporation to an action
39
Interference with a mans trade by fair when the tort amounts to a felony
40
Of rights duties and ob dramatic literary property and musi
54
Infringement of statutory copyright The subjectmatter of a patent
61
Infringement of copyright in published Statutory benefits and burdens
68
Of the natural servitude of support navigation companies in the water
74
Transfer of natural servitudes ib Direct and consequential injuries
84
Parties to be made defendants 85 Damages recoverable
90
Of conventional and pre Grants of the privilege of a free pass
113
Inconsistent rights of common 131 What sort of enjoyment is essential
117
Privileges and servitudes which pass as Where the grant is of a liberty license
119
Servitude of support from one house to Common in gross
129
Plea of judgment recovered 1156 reputation 1173
130
Of customary rights of fishing and driv servient tenements preventing the
151
Prescriptive right to foul the pure water the grant
166
Defamatory words actionable per se Of the innuendo or defamatory sense
177
Remedy for the infringe Proof of enjoyment so as to gain a pre
181
Effect of the recovery of judgment in Entries made by deceased persons
184
What may be given in evidence under free access of light to windows
187
CHAPTER XXII
191
Of Nuisances and injuries Injuries from springguns mantraps
200
Noisy nuisances ib Obstructions in public thoroughfares
206
Where the public right of free naviga
209
Effect of laches or delay in applying for emptory writ of mandamus 1288
213
Exemption of the master from liability Plea of not guilty 250 Pleas justifying the fouling of the water
224
Of actions for malicious Proof by certified copy of the record
233
Injuries to lands and tenements from Pleas 312
252
Of the keeping dogs reputed to have Acquiescence precluding equitable
259
Liability for defective drains and sew 1321
263
The writ of prohibition for waste 309 waste 316320
316
Privileged confidential communications man 952
329
Of trespasses upon lands Section II Of the title to land fences
333
Title of bondfide purchasers of trust es Of pleas denying the plaintiffs title
360
Rights of mortgagees 343 right set up by the defendants pleas
366
Of actions for trespasses Proof of leave and license
376
Of the damages recoverable in actions Assessment of damages where the plain
384
CHAPTER VII
391
Of trespass and conversion Title to chattels by finding
411
Goods found ib overt
418
Conversion of trust property 407
425
Title of trustee in bankruptcy to prop Joinder of jointowners as plaintiffs
446
Goods anil chattels which have never Proof of constructive possession of chat
454
Possession by bankrupt trustees ib Assessment of damages where the plain
461
Of trespasses and injuries When the very occurrence of a railway
472
Liabilities of owners of carriages let to panies
478
Negligence of servant in breakingin Actions for compensating the families
502
Negligent navigation causing damage builders contractors and subcon
509
Injuries to one fellowservant from the gence
516
Of bailments of chattels 522 housemen wharfingers and deposit
529
Distinction between robbery and theft Tender of the debt in extinguishment
551
A person cannot set up a right of lien chattels
557
Lien of consignees ib Proof of abandonment of possession
563
Loss of goods by common carriers 574 ferrymen 605
567
Of negligence and breach of Who may be said to be a common car
571
Statutory protection of common carriers keepers and lodginghouse keepers
580
When a declaration of value is a condi and wayfarers
606
Delivery of gooas at the place of desti Parlies to be made defendants
620
OF WRONGFUL DISTRESSDISTRESS FOR RENTDISTRESS DAMAGE
633
Tender of rent before distress 643 Indemnification of bailiffs
643
Property of strangers placed on the de chattels damage feasant
666
Things distrainable under a license to Replevin in the county court
673
Declarations for distraining and selling
677
Pleas in replevinNon cepit 678 laration
684

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第58页 - Provided also and be it declared and enacted, that any declaration before mentioned shall not extend to any letters patent and grants of privilege for the term of fourteen years or under, hereafter to be made of the sole working or making of any manner of new manufactures within this Realm, to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patents and grants shall not use...
第332页 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
第509页 - ... if I am guilty of negligence in leaving anything dangerous in a place where I know it to be extremely probable that some other person will unjustifiably set it in motion to the injury of a third, and if that injury should be so brought about, I presume that the sufferer might have redress by action against both or either of the two, but unquestionably against the first.
第585页 - every such company, as aforesaid, shall be liable for the loss of, or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants...
第47页 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
第156页 - ... virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter, as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion expectant on the determination thereof.
第148页 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
第198页 - ... destroy human life, or inflict grievous bodily harm, &c., therefore, &e., if any person shall set or place, or cause to be set or placed, any spring-gun, mantrap, or other engine calculated to destroy human life, or inflict grievous bodily harm...
第27页 - ... mischief which could by no possibility have been foreseen, and which no reasonable person would have anticipated. I am inclined to consider the rule of law to be this: that a person is expected to anticipate and guard against all reasonable consequences, but that he is not by the law of England expected to anticipate and guard against that which no reasonable man would expect to occur.
第628页 - Treasury; and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court.

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