OF THE LAW OF TORTS; OR, WRONGS INDEPENDENT OF CONTRACT. Second Edition, BY ARTHUR UNDERHILL, M.A., OF LINCOLN'S INN, BARRISTER-AT-LAW; ASSISTED BY CLAUDE C. M. PLUMPTRE, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. (Middle Temple Common Law Scholar, Hilary Term, 1877.) LONDON: DEC 1878 HOOLEIANA BUTTERWORTHS, 7, FLEET STREET, Law Publishers to the Queen's most excellent Majesty. DUBLIN: HODGES, FOSTER & CO. EDINBURGH: T. & T. CLARK; BELL & BRADFUTE. CALCUTTA: THACKER, SPINK & CO. BOMBAY: THACKER, VINING & CO. PREFACE TO THE SECOND EDITION. THE fact that a thousand copies, constituting the First Edition, of this Work have been sold in less than five years, renders it no longer necessary to justify its existence. In this Edition the First Chapter has been completely re-written, and new Chapters upon Injunctions, Negligence, and Fraud have been added. Nearly sixty pages of new matter have been interpolated by these means, and by additions to previously existing chapters, and the whole has been carefully corrected and revised. Many of my friends and clients have expressed surprise that an Equity and Conveyancing Counsel should have written a treatise on the Law of Torts. The answer is, that every lawyer, whatever his speciality may be, ought to know the principles of every branch of the law; and, in my student days, my endeavours to fathom the principles of the Law of Torts were surrounded with so much unnecessary difficulty, owing to the absence of any text book iv PREFACE TO THE SECOND EDITION. separating principle from illustration, that I became convinced that a new crop of students would welcome even such a guide as I was capable of furnishing. The result has proved that I was not mistaken. It only remains to render most grateful thanks to my friend and former pupil, Mr. Claude C. M. Plumptre, of the Common Law Bar, who has kindly taken upon himself the sole burden of revising (and in some measure rewriting) the whole of that portion of the Work which relates to particular Torts, with the exception of the Chapters on Nuisances, Trespasses, and Infringements of Trade Marks, Patent-right, and Copyright. By his labours mine have been greatly diminished, and the utility of the Work materially increased. ARTHUR UNDERHILL. 23, SOUTHAMPTON BUILDINGS, CHANCERY LANE, July 19th, 1878. |