DECEIT (Continued), intention generally irrelevant when false credit induced, 242. no merger of by one partner in judgment against firm, 250 n. may be equivalent of force in assault, 182 n. DEFAMATION, 199–232. actionable words, classes of, 199-212. accusing of adultery, when actionable, 207. special damage must be alleged, when and how, 211. repetition of slander, 213. what is publication, 215. when social duty renders communication privileged, 223. uttering in confidence or upon solicitation, 232. mercantile agencies, 233 n. DOGS, when may be killed, 141, 142 n. when injury by gives action against owner, 175. vicious, liability for, 344, 351 n. EXECUTIVE ACTS, liability for, 86-90. FELONY, tort not merged in, 170. FELLOW-SERVANTS, who are, 75-79 n. when negligence of, no defence, 344. FENCES, failure by railroad to fence, 24. FIRE, destroying property to prevent spread of, 140 n. responsibility for, 351. GUNPOWDER, negligence in dealing with, 354. IMPRISONMENT, false, what is, 188-195. actual force not necessary, 189. shadowing by detectives, is, 189 n. IMPRISONMENT (Continued), pupil's detention by teacher, not, 189 n. arrest on erroneous warrant, is not, 190. malicious motives may aggravate damages, 191. absence of probable cause may aggravate damages, 191. entering complaint upon which the magistrate issues warrant without how differs from malicious prosecution, 192. abuse of legal process is, when, 193, 194. INSURING SAFETY, vicious animals, 344. licensees, 359. JOINT wrong-doers, 159–169. judgment against one with part satisfaction, no bar, 159. contribution among, 166. liability of, in case of nuisance, 318. JUDICIAL ACTS, liability for, 80–86 n. JURY to decide what is negligence, 34, 48, 324. LICENSEE, fireman or police officer when not, rights of, 359. LICENSE TO ASSAULT is no defence, 132. LIBEL, definition of, 218. pleadings in, 221–223. LUNATIC, liability of, for injury to others, 117 n. MALICIOUS prosecution, 253–259 n. exercise of a right, 365. MASTER'S LIABILITY for acts of servant, 66-79. for servants' malicious acts, 72-75 n. MAXIMS: sic utere tuo, etc., 24, 43, 119, 267, 298, 371. MAXIMS (Continued): damnum absque injuria, 131, 268, 300, 302. volenti non fit injuria, 133. stare decisis, 285. MISREPRESENTATION of law, 236. resulting from reckless ignorance, 238. MOTIVE, consequence of bad, 130, 155, 365. generally irrelevant when, 242. NECESSITY, when a defence, 136–140. NEGLIGENCE a question for jury and not for experts, 34, 48. renders one liable for all consequences reasonably to be anticipated, 41. in driving, liability for, 45, 104. in care of animals, 47. evidence of, unnecessary in case of public nuisance, 297. effect of contributory, 320, 334 n. evidence of, 324, 326, 330, 333 n. when boarding or leaving moving train is, 326 n. action for, when ex delicto, 329 n. what is contributory, 333, 344. when plaintiff must show freedom from, 334 n. vicarious, of infant, 335. vicarious, of passenger, 339. of third parties, 341-343 n. consequences of active and of passive, 360. NUISANCE, when locomotive engine house is, 97. what amounts to, 297-310. when ringing bell is, 306. individual discomfort not test of, 308. abatement of, 310-316. one suffering nominal damages may abate, 313. PERCOLATING WATER, right to cut off, 124. PERSONS AFFECTED BY TORTS, 49-79. PRINCIPLES OF LIABILITY, 12-48. PRIVATE DEFENCE, when permitted, 141, 142. PRIVILEGED COMMUNICATIONS, 223–232 n. when social duty gives rise to, 230. POSSESSORS, rights of, 293. PROBABLE CAUSE in malicious prosecution, 253. PROXIMATE CAUSE, 33, 40 n. in case of several buildings burning, 35–38. obstructing river bank not cause of building's destruction, 39. in insurance law and in torts, 42. PUBLIC DUTY, when breach of, is a tort, 14, 29. PUBLICATION, what is, in defamation, 215. not to show letter in German to one who does not understand it, 218 n. not to send sealed letter through mail, 218 n. not to show to writer's wife, 218 n. by a newspaper vendor, 218 n. QUASI-JUDICIAL ACTS, 90–97. of school officers, 90. of election officers, 93 n. of club officers, 93 n. of supervisors, 94–97. REMEDIES, 148. REPETITION OF SLANDER, 213. REVERSION, injuries to, 270. SLANDER, See DEFAMATION. SLANDER OF TITLE, 250-252 n. STATUTORY DUTY, when breach of, is tort, 12, 16. when breach subjects one to damages as well as to penalty, 20. SELF-DEFENCE, excessive force in, 185. SERVANT, who is, 68, 71 n. when acting within scope of authority, 71. STREETS, endangering, 21. when obstructed traveller may leave for adjoining land, 136. SIDEWALKS, failure to keep clean, 12-16. abuse of right to sidewalk, 295. SKILL, assumption of, makes one liable for negligence, 32. SCHOOL OFFICERS, liability for errors of judgment, 90. SUBTERRANEAN WATER, rights and duties concerning, 127. SUNDAY TRAVELLING prevents recovery of damages, when, 143. SURFACE WATER, rights and duties concerning, 126. TELEGRAM, responsibility for erroneous, 372-376 n. TRESPASS, entry to save goods is not, 17. entry by police officer, when not, 17. entry from obstructed road, when not, 136. general rules as to, 266-270. to cast stones and dirt by blasting is, 266. wrongful intent not necessary, 269. ab initio, to abuse right to sidewalk, 295. TORT, nature of, 1. how, differs from breach of contract, 6, 11. exceptions, 80–147. authorized acts, when and when not, 97. inevitable accident not, 104. by lunatic, 117 n. exercise of a common right is not, 118. causing water to percolate upon another's land is, 118. motive generally unimportant, 130. buying up and presenting bank-bills not, 130. necessity relieves from liability, 136, 140. |