A Selection of Cases on the Law of Torts

About this eBook

Editor

Smith, Jeremiah, 1837-1921

Original Publication

United States: Harvard University Press,1893,copyright 1910,copyright 1916,copyright 1919.

Credits

Richard Tonsing and the Online Distributed Proofreading Team at www.pgdp.net (This file was produced from images generously made available by The Internet Archive)

Language

English

LoC Class

KF: Law in general, Comparative and uniform law, Jurisprudence: United States

Subject

Torts -- United States

Category

Text

Project Gutenberg

eBook-No. 67258

Release Date

January 27, 2022

Copyright

Public domain in the USA.

Contents

1. 1.A SELECTION OF CASES ON THE LAW OF TORTS
2. 2.PREFACE
3. 3.TABLE OF CONTENTS
4. 4.TABLE OF CASES — PART I INTERFERENCE WITH THE PERSON OR TANGIBLE PROPERTY — CHAPTER I INTENTIONAL INTERFERENCE — Section I Assault and Battery — Section II Imprisonment Note by Thorpe, C. J., 1348. Reported in Year Book, Liber Assisarum, folio 104, placitum 85. — CHAPTER II NEGLIGENT INTERFERENCE — Section I Negligence as a Ground of Liability — Section II Interests Secured — Section III The Standard of Care — Section IV Proof of Negligence [91] — Section V The Duty of Care—Misfeasance and Nonfeasance — Section VI Liability of Occupiers of Premises — Section VII Liability to Third Persons of Maker or Vendor of a Chattel — Section VIII Contributory Culpable Conduct of Plaintiff — CHAPTER III UNINTENDED NON-NEGLIGENT INTERFERENCE — Section I Trespass on Land by Animals — Section II Injuries by Animals — Section III Dangerous Use of Land — Section IV Violation of Statutory Duty
5. 5.PART II INTERFERENCE WITH GENERAL SUBSTANCE OR INTERESTS IN INTANGIBLE THINGS — CHAPTER IV DECEIT — PASLEY v. FREEMAN In the King’s Bench, Hilary Term, 1789. Reported in 3 Term Reports (Durnford & East), 51. — WORK v. CAMPBELL Supreme Court, California, December 13, 1912. Reported in 164 California Reports, 343. — STATE v. GORDON Supreme Court, Kansas, July Term, 1895. Reported in 56 Kansas Reports, 64. — EDGINGTON v. FITZMAURICE In the Court of Appeal, March 7, 1885. Reported in Law Reports, 29 Chancery Division, 459. — GALLAGHER v. BRUNEL Supreme Court, New York, August, 1826. Reported in 6 Cowen, 347. — SWIFT v. ROUNDS Supreme Court, Rhode Island, July 6, 1896. Reported in 19 Rhode Island Reports, 527. — Peters, J., in BURRILL v. STEVENS (1882) 73 Maine, 395, 398–400. — Riddick, J., in BUGG v. WERTHEIMER-SCHWARTZ SHOE COMPANY (1897) 64 Arkansas, 12, 17, 18. — McCOMB v. BREWER LUMBER COMPANY Supreme Judicial Court, Massachusetts, October 21, 1903. Reported in 184 Massachusetts Reports, 276. — DORR v. CORY Supreme Court, Iowa, April 5, 1899. Reported in 108 Iowa Reports, 725. — DEMING v. DARLING Supreme Judicial Court, Massachusetts, February 27, 1889. Reported in 148 Massachusetts Reports, 504. — ANDREWS v. JACKSON Supreme Judicial Court, Massachusetts, May 18, 1897. Reported in 168 Massachusetts Reports, 266. — WILLIAMS v. STATE Supreme Court, Ohio, February 11, 1908. Reported in 77 Ohio State Reports, 468. — Bowen, L. J., in SMITH v. LAND CORPORATION (1884) Law Reports, 28 Chancery Division, 15–16. — KIDNEY v. STODDARD Supreme Judicial Court, Massachusetts, October Term, 1843. Reported in 7 Metcalf, 252. — DERRY v. PEEK In the House of Lords, July 1, 1889. Reported in Law Reports, 14 Appeal Cases, 337. — Holmes, J., dissenting in NASH v. MINNESOTA TITLE & TRUST COMPANY (1895) 163 Massachusetts 574, 586–587. — Hand, J., in SLATER TRUST COMPANY v. GARDINER (1910) 183 Federal Reporter, 268, 270–271. — Carpenter, J., in ALDRICH v. SCRIBNER (1908) 154 Michigan, 23. — Lord Haldane, L. C., in NOCTON v. LORD ASHBURTON (1914) Appeal Cases, 932, 945–946, 951–954. — Kay, L. J., in LOW v. BOUVERIE (1891) 3 Chancery, 82, 111–113. — Farwell, L. J., in FRY v. SMELLIE (1912) 3 King’s Bench Division, 282, 294–295. — Carter, J., in WATSON v. JONES (1899) 41 Florida, 241, 253–255. — CABOT v. CHRISTIE Supreme Court, Vermont, February Term, 1869. Reported in 42 Vermont Reports, 121. — FOSTER v. CHARLES In the Common Pleas, November 10, 1830. Reported in 7 Bingham, 105. — POLHILL v. WALTER In the King’s Bench, January 20, 1832. Reported in 3 Barnewall & Adolphus, 114. — BUTTERFIELD v. BARBER Supreme Court, Rhode Island, May 15, 1897. Reported in 20 Rhode Island Reports, 99. — ALDEN v. WRIGHT Supreme Court, Minnesota, September 30, 1891. Reported in 47 Minnesota Reports, 225. — FREEMAN v. VENNER Supreme Judicial Court, Massachusetts, June 23, 1876. Reported in 120 Massachusetts Reports, 424. — LUETZKE v. ROBERTS Supreme Court, Wisconsin, December 4, 1906. Reported in 130 Wisconsin Reports, 97, 106. — FOTTLER v. MOSELEY Supreme Judicial Court, Massachusetts, June 18, 1901. Reported in 179 Massachusetts Reports, 295. — FOTTLER v. MOSELEY Supreme Judicial Court, Massachusetts, May 19, 1904. Reported in 185 Massachusetts Reports, 563. — MORSE v. HUTCHINS Supreme Judicial Court, Massachusetts, October Term, 1869. Reported in 102 Massachusetts Reports, 439. — SMITH v. BOLLES Supreme Court of the United States, November 11, 1889. Reported in 132 United States Reports, 125. — SCHWABACKER v. RIDDLE Supreme Court, Illinois, June 20, 1891. Reported in 99 Illinois Reports, 343. — FARGO GAS & COKE COMPANY v. FARGO GAS & ELECTRIC COMPANY Supreme Court, North Dakota, July 23, 1894. Reported in 4 North Dakota Reports, 219. — STARKWEATHER v. BENJAMIN Supreme Court, Michigan, June Term, 1875. Reported in 32 Michigan Reports, 305. — MABARDY v. McHUGH Supreme Judicial Court, Massachusetts, May 21, 1909. Reported in 202 Massachusetts Reports, 148. — EASTERN TRUST & BANKING COMPANY v. CUNNINGHAM Supreme Court, Maine, February 20, 1908. Reported in 103 Maine Reports, 455. — S. PEARSON & SON, Limited , v. LORD MAYOR OF DUBLIN In the House of Lords, May 30, 1907. Reported in [1907] Appeal Cases, 351. — CHAPTER V MALICIOUS PROSECUTION AND ABUSE OF PROCESS — HALBERSTADT v. NEW YORK LIFE INSURANCE CO. Court of Appeals, New York, January 5, 1909. Reported in 194 New York Reports, 1. — CHAMBERS v. ROBINSON At Nisi Prius, Coram Raymond, C. J., Hilary Term, 1726. Reported in 2 Strange, 691. — BYNE v. MOORE In the Common Pleas, November 13, 1813. Reported in 5 Taunton, 187. [374] — STEWARD v. GROMETT In the Common Pleas, November 11, 1859. Reported in 7 Common Bench Reports, New Series, 191. — FISHER v. BRISTOW In the King’s Bench, June 15, 1779. Reported in 1 Douglas, 215. — BROWN v. RANDALL Supreme Court, Connecticut, March Term, 1869. Reported in 36 Connecticut Reports, 56. — FOSHAY v. FERGUSON Supreme Court, New York, May, 1846. Reported in 2 Denio, 617. — CLOON v. GERRY Supreme Judicial Court, Massachusetts, June, 1859. Reported in 13 Gray, 201. — RAVENGA v. MACKINTOSH In the King’s Bench, May 8, 1824. Reported in 2 Barnewall & Cresswell, 693. — MITCHELL v. JENKINS In the King’s Bench, November 11, 1833. Reported in 5 Barnewall & Adolphus, 588. — HADDRICK v. HESLOP In the Queen’s Bench, Trinity Term, 1848. Reported in 12 Queen’s Bench Reports, 267. — VANDERBILT v. MATHIS Supreme Court, City of New York, February, 1856. Reported in 5 Duer, 304. — MACK v. SHARP Supreme Court, Michigan, December 14, 1904. Reported in 138 Michigan Reports, 448. — CHAPMAN v. PICKERSGILL In the Common Pleas, Michaelmas Term, 1762. Reported in 2 Wilson, 145. — TOMLINSON v. WARNER Supreme Court, Ohio, December, 1839. Reported in 9 Ohio Reports, 104. — WETMORE v. MELLINGER Supreme Court, Iowa, April 9, 1884. Reported in 64 Iowa Reports, 741. — FLIGHT v. LEMAN In the Queen’s Bench, June 9, 1843. Reported in 4 Queen’s Bench Reports, 883. — GRAINGER v. HILL In the Common Pleas, January 20, 1838. Reported in 4 Bingham, New Cases, 212. — BOND v. CHAPIN Supreme Judicial Court, Massachusetts, September, 1844. Reported in 8 Metcalf, 31. — CHAPTER VI DEFAMATION — CLUTTERBUCK v. CHAFFERS At Nisi Prius, coram Lord Ellenborough, C. J., December 14, 1816. Reported in 1 Starkie, 471. — SNYDER v. ANDREWS Supreme Court, New York, March 5, 1849. Reported in 6 Barbour, 43. — DELACROIX v. THEVENOT At Nisi Prius, coram Lord Ellenborough, C. J., March 4, 1817. Reported in 2 Starkie, 63. — SHEFFILL v. VAN DEUSEN Supreme Judicial Court, Massachusetts, September Term, 1859. Reported in 13 Gray, 304. — HANKINSON v. BILBY In the Exchequer, January 28, 1847. Reported in 16 Meeson & Welsby, 442. — BROMAGE v. PROSSER In the King’s Bench, Easter Term, 1825. Reported in 4 Barnewall & Cresswell, 247. — HANSON v. GLOBE NEWSPAPER COMPANY Supreme Judicial Court, Massachusetts, June 20, 1893. Reported in 159 Massachusetts Reports, 293. — PECK v. TRIBUNE COMPANY Supreme Court of the United States, May 17, 1909. Reported in 214 United States Reports, 185. — E. HULTON AND COMPANY v. JONES In the House of Lords, December 6, 1909. Reported in [1909] Appeal Cases, 20. — McPHERSON v. DANIELS In the King’s Bench, Michaelmas Term, 1829. Reported in 10 Barnewall & Cresswell, 263. — THORLEY v. LORD KERRY In the Exchequer Chamber, May 9, 1812. Reported in 4 Taunton, 355. — WEBB v. BEAVAN In the Queen’s Bench Division, May 10, 1883. Reported in 11 Queen’s Bench Division, 609. — BROOKER v. COFFIN Supreme Court, New York, November, 1809. Reported in 5 Johnson, 188. — COOPER v. SEAVERNS Supreme Court, Kansas, December 11, 1909. Reported in 81 Kansas Reports, 267. — LUMBY v. ALLDAY In the Exchequer, Hilary Term, 1831. Reported in 1 Crompton & Jervis, 301. — JONES v. LITTLER In the Exchequer, January 16, 1841. Reported in 7 Meeson & Welsby, 423. — SECOR v. HARRIS Supreme Court, New York, September, 1854. Reported in 18 Barbour, 425. — SMITH v. HOBSON In the King’s Bench, Trinity Term, 1647. Reported in Style, 112. — JOANNES v. BURT Supreme Judicial Court, Massachusetts, January Term, 1863. Reported in 6 Allen, 336. — FOSS v. HILDRETH Supreme Judicial Court, Massachusetts, January, 1865 Reported in 10 Allen, 76. — SCOTT v. STANSFIELD In the Exchequer, June 3, 1868. Reported in Law Reports, 3 Exchequer, 220. — MUNSTER v. LAMB In the Court of Appeal, July 5, 1883. Reported in 11 Queen’s Bench Division, 588. — SEAMAN v. NETHERCLIFT In the Court of Appeal, December 15, 1876. Reported in 2 Common Pleas Division, 53. — WHITE v. CARROLL Court of Appeals, New York, March 18, 1870. Reported in 42 New York Reports, 161. — RICE v. COOLIDGE Supreme Judicial Court, Massachusetts, December 1, 1876. Reported in 121 Massachusetts Reports, 393. — RYALLS v. LEADER In the Exchequer, May 26, 1866. Reported in Law Reports, 1 Exchequer, 296. — USILL v. HALES In the Common Pleas Division, January 30, 1878. Reported in 3 Common Pleas Division, 319. — WASON v. WALKER In the Queen’s Bench, November 25, 1868. Reported in Law Reports, 4 Queen’s Bench, 73. — PURCELL v. SOWLER In the Court of Appeal, February 3, 1877. Reported in 2 Common Pleas Division Reports, 215. — BARROWS v. BELL Supreme Judicial Court, Massachusetts, October, 1856. Reported in 7 Gray, 301. — MILISSICH v. LLOYD’S In the Court of Appeal, February 10, 1877. Reported in 13 Cox, Criminal Cases, 575. — BARNES v. CAMPBELL Supreme Court, New Hampshire, June, 1879. Reported in 59 New Hampshire Reports, 128. — LAWLESS v. THE ANGLO-EGYPTIAN COTTON CO. In the Queen’s Bench, February 11, 1869. Reported in Law Reports, 4 Queen’s Bench, 262. — PADMORE v. LAWRENCE In the Queen’s Bench, January 18, 1840. Reported in 11 Adolphus & Ellis, 380. — CHILD v. AFFLECK In the King’s Bench, May 13, 1829. Reported in 9 Barnewall & Cresswell, 403. — COXHEAD v. RICHARDS In the Common Pleas, January 31, 1846. Reported in 2 Common Bench Reports, 569. — JOANNES v. BENNETT Supreme Judicial Court, Massachusetts, October, 1862. Reported in 5 Allen, 169. — BEALS v. THOMPSON Supreme Judicial Court, Massachusetts, June 20, 1889. Reported in 149 Massachusetts Reports, 405. — TOOGOOD v. SPYRING In the Exchequer, Trinity Term, 1834. Reported in 1 Crompton, Meeson & Roscoe, 181. — WILLIAMSON v. FREER In the Common Pleas, April 20, 1874. Reported in Law Reports, 9 Common Pleas, 393. — MARKS v. BAKER Supreme Court, Minnesota, July 25, 1881. Reported in 28 Minnesota Reports, 162. — CARTER v. PAPINEAU Supreme Judicial Court, Massachusetts, January 27, 1916. Reported in 222 Massachusetts Reports, 464. — PULLMAN v. WALTER HILL & COMPANY In the Court of Appeal, December 19, 1890. Reported in [1891] 1 Queen’s Bench, 524. — STEVENS v. SAMPSON In the Court of Appeal, November 15, 1879. Reported in 5 Exchequer Division Reports, 53. — CLARK v. MOLYNEUX In the Court of Appeal, December 4, 1877. Reported in 47 Law Journal Reports, Common Law, 230. [507] — CARPENTER v. BAILEY Supreme Court, New Hampshire, December, 1873. Reported in 53 New Hampshire Reports, 590. — CAMPBELL v. SPOTTISWOODE In the Queen’s Bench, April 18, 1863. Reported in 3 Best & Smith, 769. — CARR v. HOOD Before Lord Ellenborough, C. J., London Sittings after Trinity Term, 1808. Reported in 1 Campbell, 355, n. — MERIVALE v. CARSON In the Court of Appeal, December 2, 1887. Reported in 20 Queen’s Bench Division, 275. — THOMAS v. BRADBURY, AGNEW & CO. In the Court of Appeal, June 25, 1906. Reported in [1906] 2 King’s Bench, 627. — JACKSON v. HOPPERTON In the Common Pleas, May 25, 1864. Reported in 12 Weekly Reporter, 913. [522] — DAVIS v. SHEPSTONE In the Privy Council, March 5, 1886. Reported in 11 Appeal Cases, 187. — CHAPTER VII INTERFERENCE WITH PRIVACY — ROBERSON v. ROCHESTER FOLDING BOX COMPANY Court of Appeals, New York, June 27, 1902. Reported in 171 New York Reports, 538. — CHAPTER VIII INTERFERENCE WITH ADVANTAGEOUS RELATIONS — DAVIES v. GARDINER In the Common Pleas, Trinity Term, 1593. Reported in Popham, 36. [529] — ALLSOP v. ALLSOP In the Exchequer, April 25, 1860. Reported, in 5 Hurlstone & Norman, 534. — DAVIES v. SOLOMON In the Queen’s Bench, November 29, 1871. Reported in Law Reports, 7 Queen’s Bench, 112. — CORCORAN v. CORCORAN In the Exchequer, Ireland, November 17, 1857. Reported in 7 Irish Common Law Reports, 272. — MILLER v. DAVID In the Common Pleas, January 20, 1874. Reported in Law Reports, 9 Common Pleas, 1187. — HATCHARD v. MÈGE In the Queen’s Bench Division, April 1, 1887. Reported in 18 Queen’s Bench Division Reports, 771. — MALACHY v. SOPER In the Common Pleas, November 25, 1836. Reported in 3 Bingham, New Cases, 371. — WHITE v. MELLIN In the House of Lords, February 14, 1895. Reported in [1895] Appeal Cases, 154. — STONE v. CARLAN Superior Court, New York, 1850. Reported in 13 Law Reporter, 360. — HUGHES v. McDONOUGH Supreme Court of Judicature, New Jersey, November, 1881. Reported in 43 New Jersey Law Reports, 459. — HUGHES v. SAMUELS BROTHERS Supreme Court, Iowa, October 17, 1916. Reported in 179 Iowa Reports, 1077. — WESTMINISTER LAUNDRY CO. v. HESSE ENVELOPE CO. St. Louis Court of Appeals, Missouri, May 6, 1913. Reported in 174 Missouri Appeal Reports, 238. — THE MIDLAND INSURANCE CO. v. SMITH In the Queen’s Bench Division, March 23, 1881. Reported in Law Reports, 6 Queen’s Bench Division, 561. — KLOUS v. HENNESSEY Supreme Court, Rhode Island, June 14, 1881. Reported in 13 Rhode Island Reports, 332. — HUTCHINS v. HUTCHINS Supreme Court, New York, January, 1845. Reported in 7 Hill, 104. — LEWIS v. CORBIN Supreme Judicial Court, Massachusetts, May 15, 1907. Reported in 195 Massachusetts Reports, 520. — DULIN v. BAILEY Supreme Court, North Carolina, November 29, 1916. Reported in 172 North Carolina Reports, 608. — RATCLIFFE v. EVANS In the Court of Appeal, May 26, 1892. Reported in [1892] 2 Queen’s Bench, 524. — DUDLEY v. BRIGGS Supreme Judicial Court, Massachusetts, May 8, 1886. Reported in 141 Massachusetts Reports, 582. — GARRET v. TAYLOR In the King’s Bench, Easter Term, 1620. Reported in Croke, James, 567. — TARLETON v. M’GAWLEY At Nisi Prius, coram Lord Kenyon, C. J., December 21, 1804. Reported in Peake, 205. — HART v. ALDRIDGE In the King’s Bench, May 3, 1774. Reported in Cowper, 54. — EAGER v. GRIMWOOD In the Exchequer, June 1, 1847. Reported in 1 Exchequer Reports, 61. — EVANS v. WALTON In the Common Pleas, June 11, 1867. Reported in Law Reports, 2 Common Pleas, 615. — LUMLEY v. GYE In the Queen’s Bench, Trinity Term, 1853. Reported in 2 Ellis & Blackburn, 216. — BOWEN v. HALL In the Court of Appeal, February 5, 1881. Reported in 6 Queen’s Bench Division, 333. — GLAMORGAN COAL CO., LIMITED v. SOUTH WALES MINERS’ FEDERATION In the Court of Appeal, August 11, 1903. Reported in [1903] 2 King’s Bench, 545. SOUTH WALES MINERS’ FEDERATION v. GLAMORGAN COAL CO., LIMITED In the House of Lords, April 14, 1905. Reported in [1905] Appeal Cases, 239. — JERSEY CITY PRINTING CO. v. CASSIDY Court of Chancery, New Jersey, December 11, 1906. Reported in 63 New Jersey Equity Reports, 759. — THE MOGUL STEAMSHIP COMPANY LIMITED v. McGREGOR & COMPANY In the Court of Appeal, July 13, 1889. Reported in Law Reports, 23 Queen’s Bench Division, 598. — PASSAIC PRINT WORKS v. ELY & WALKER DRY GOODS COMPANY United States Circuit Court of Appeals, Eighth Circuit, November 14, 1900. Reported in 44 U. S. Circuit Court of Appeals Reports, 426 , S. C. 105 Federal Reporter, 163. — TUTTLE v. BUCK Supreme Court, Minnesota, February 19, 1909. Reported in 107 Minnesota Reports, 145. — Weaver, J., in DUNSHEE v. STANDARD OIL COMPANY (1911) 152 Iowa Reports, 618. — KUZNIAK v. KOZMINSKI Supreme Court, Michigan, December 17, 1895. Reported in 107 Michigan Reports, 444. — HORAN v. BYRNES Supreme Court, New Hampshire, April 7, 1903. Reported in 72 New Hampshire Reports, 93. — KEEBLE v. HICKERINGILL In the Queen’s Bench, Trinity Term, 1706. Reported in 11 East, 574, note. — IBOTTSON v. PEAT In the Exchequer, May 1, 1865. Reported in 3 Hurlstone & Coltman, 644. — FISHER v. FEIGE Supreme Court, California, July 14, 1902. Reported in 137 California Reports, 39. — ALLEN v. FLOOD In the House of Lords, December 14, 1897. Reported in [1898] Appeal Cases, 1. — LEATHEM v. CRAIG Queen’s Bench Division, Ireland, November 22, 1898. Court of Appeal, Ireland, May 2, 1899. Reported in [1899] 2 Irish Reports, 667, 744 . QUINN v. LEATHEM In the House of Lords, August 5, 1901. Reported in [1901] Appeal Cases, 495. [603] — VEGELAHN v. GUNTNER Supreme Judicial Court, Massachusetts, October 26, 1896. Reported in 167 Massachusetts Reports, 92. — PLANT v. WOODS Supreme Judicial Court, Massachusetts, September 5, 1900. Reported in 176 Massachusetts Reports, 492. — MARTELL v. WHITE Supreme Judicial Court, Massachusetts, March 1, 1904. Reported in 185 Massachusetts Reports, 255. — PICKETT v. WALSH Supreme Judicial Court, Massachusetts, October 16, 1906. Reported in 192 Massachusetts Reports, 572. — BARR v. THE ESSEX TRADES COUNCIL Court of Chancery, New Jersey, October Term, 1894. Reported in 53 New Jersey Equity Reports, 101. — PIERCE v. THE STABLEMEN’S UNION LOCAL NO. 8760 Supreme Court, California, July 6, 1909. Reported in 156 California Reports, 70.
6. 6.INDEX

Community reviews

Sign in to write a review.

No reviews yet.