A Selection of Cases on the Law of Torts Papyras Classics

A Selection of Cases on the Law of Torts

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Contents

  1. Preface
  2. Table of Cases
  3. Section I. Assault and Battery
  4. Section II. Imprisonment. Note by Thorpe, C. J., 1348. Reported in Year Book, Liber Assisarum, folio 104, placitum 85
  5. Section I. Negligence as a Ground of Liability
  6. Section II. Interests Secured
  7. Section III. The Standard of Care
  8. Section IV. Proof of Negligence
  9. Section V. The Duty of Care—Misfeasance and Nonfeasance
  10. Section VI. Liability of Occupiers of Premises
  11. Section VII. Liability to Third Persons of Maker or Vendor of a Chattel
  12. Section VIII. Contributory Culpable Conduct of Plaintiff (part 1)
  13. Section VIII. Contributory Culpable Conduct of Plaintiff (part 2)
  14. Section I. Trespass on Land by Animals
  15. Section II. Injuries by Animals
  16. Section III. Dangerous Use of Land
  17. Section IV. Violation of Statutory Duty
  18. Pasley v. Freeman In the King’s Bench, Hilary Term, 1789. Reported in 3 Term Reports (Durnford & East), 51
  19. Work v. Campbell Supreme Court, California, December 13, 1912. Reported in 164 California Reports, 343
  20. State v. Gordon Supreme Court, Kansas, July Term, 1895. Reported in 56 Kansas Reports, 64
  21. Edgington v. Fitzmaurice In the Court of Appeal, March 7, 1885. Reported in Law Reports, 29 Chancery Division, 459
  22. Gallagher v. Brunel Supreme Court, New York, August, 1826. Reported in 6 Cowen, 347
  23. Swift v. Rounds Supreme Court, Rhode Island, July 6, 1896. Reported in 19 Rhode Island Reports, 527
  24. Peters, J., in Burrill v. Stevens (1882) 73 Maine, 395, 398–400
  25. Riddick, J., in Bugg v. Wertheimer-Schwartz Shoe Company (1897) 64 Arkansas, 12, 17, 18
  26. McCOMB v. Brewer Lumber Company Supreme Judicial Court, Massachusetts, October 21, 1903. Reported in 184 Massachusetts Reports, 276
  27. Dorr v. Cory Supreme Court, Iowa, April 5, 1899. Reported in 108 Iowa Reports, 725
  28. Deming v. Darling Supreme Judicial Court, Massachusetts, February 27, 1889. Reported in 148 Massachusetts Reports, 504
  29. Andrews v. Jackson Supreme Judicial Court, Massachusetts, May 18, 1897. Reported in 168 Massachusetts Reports, 266
  30. Williams v. State Supreme Court, Ohio, February 11, 1908. Reported in 77 Ohio State Reports, 468
  31. Bowen, L. J., in Smith v. Land Corporation (1884) Law Reports, 28 Chancery Division, 15–16
  32. Kidney v. Stoddard Supreme Judicial Court, Massachusetts, October Term, 1843. Reported in 7 Metcalf, 252
  33. Derry v. Peek In the House of Lords, July 1, 1889. Reported in Law Reports, 14 Appeal Cases, 337
  34. Holmes, J., dissenting in Nash v. Minnesota Title & Trust Company (1895) 163 Massachusetts 574, 586–587
  35. Hand, J., in Slater Trust Company v. Gardiner (1910) 183 Federal Reporter, 268, 270–271
  36. Carpenter, J., in Aldrich v. Scribner (1908) 154 Michigan, 23
  37. Lord Haldane, L. C., in Nocton v. Lord Ashburton (1914) Appeal Cases, 932, 945–946, 951–954
  38. Kay, L. J., in Low v. Bouverie (1891) 3 Chancery, 82, 111–113
  39. Farwell, L. J., in Fry v. Smellie (1912) 3 King’s Bench Division, 282, 294–295
  40. Carter, J., in Watson v. Jones (1899) 41 Florida, 241, 253–255
  41. Cabot v. Christie Supreme Court, Vermont, February Term, 1869. Reported in 42 Vermont Reports, 121
  42. Foster v. Charles In the Common Pleas, November 10, 1830. Reported in 7 Bingham, 105
  43. Polhill v. Walter In the King’s Bench, January 20, 1832. Reported in 3 Barnewall & Adolphus, 114
  44. Butterfield v. Barber Supreme Court, Rhode Island, May 15, 1897. Reported in 20 Rhode Island Reports, 99
  45. Alden v. Wright Supreme Court, Minnesota, September 30, 1891. Reported in 47 Minnesota Reports, 225
  46. Freeman v. Venner Supreme Judicial Court, Massachusetts, June 23, 1876. Reported in 120 Massachusetts Reports, 424
  47. Luetzke v. Roberts Supreme Court, Wisconsin, December 4, 1906. Reported in 130 Wisconsin Reports, 97, 106
  48. Fottler v. Moseley Supreme Judicial Court, Massachusetts, June 18, 1901. Reported in 179 Massachusetts Reports, 295
  49. Fottler v. Moseley Supreme Judicial Court, Massachusetts, May 19, 1904. Reported in 185 Massachusetts Reports, 563
  50. Morse v. Hutchins Supreme Judicial Court, Massachusetts, October Term, 1869. Reported in 102 Massachusetts Reports, 439
  51. Smith v. Bolles Supreme Court of the United States, November 11, 1889. Reported in 132 United States Reports, 125
  52. Schwabacker v. Riddle Supreme Court, Illinois, June 20, 1891. Reported in 99 Illinois Reports, 343
  53. Fargo Gas & Coke Company v. Fargo Gas & Electric Company Supreme Court, North Dakota, July 23, 1894. Reported in 4 North Dakota Reports, 219
  54. Starkweather v. Benjamin Supreme Court, Michigan, June Term, 1875. Reported in 32 Michigan Reports, 305
  55. Mabardy v. McHUGH Supreme Judicial Court, Massachusetts, May 21, 1909. Reported in 202 Massachusetts Reports, 148
  56. Eastern Trust & Banking Company v. Cunningham Supreme Court, Maine, February 20, 1908. Reported in 103 Maine Reports, 455
  57. S. Pearson & Son, Limited, v. Lord Mayor of Dublin In the House of Lords, May 30, 1907. Reported in [1907] Appeal Cases, 351
  58. Halberstadt v. New York Life Insurance Co. Court of Appeals, New York, January 5, 1909. Reported in 194 New York Reports, 1
  59. Chambers v. Robinson At Nisi Prius, Coram Raymond, C. J., Hilary Term, 1726. Reported in 2 Strange, 691
  60. Byne v. Moore In the Common Pleas, November 13, 1813. Reported in 5 Taunton, 187
  61. Steward v. Gromett In the Common Pleas, November 11, 1859. Reported in 7 Common Bench Reports, New Series, 191
  62. Fisher v. Bristow In the King’s Bench, June 15, 1779. Reported in 1 Douglas, 215
  63. Brown v. Randall Supreme Court, Connecticut, March Term, 1869. Reported in 36 Connecticut Reports, 56
  64. Foshay v. Ferguson Supreme Court, New York, May, 1846. Reported in 2 Denio, 617
  65. Cloon v. Gerry Supreme Judicial Court, Massachusetts, June, 1859. Reported in 13 Gray, 201
  66. Ravenga v. Mackintosh In the King’s Bench, May 8, 1824. Reported in 2 Barnewall & Cresswell, 693
  67. Mitchell v. Jenkins In the King’s Bench, November 11, 1833. Reported in 5 Barnewall & Adolphus, 588
  68. Haddrick v. Heslop In the Queen’s Bench, Trinity Term, 1848. Reported in 12 Queen’s Bench Reports, 267
  69. Vanderbilt v. Mathis Supreme Court, City of New York, February, 1856. Reported in 5 Duer, 304
  70. Mack v. Sharp Supreme Court, Michigan, December 14, 1904. Reported in 138 Michigan Reports, 448
  71. Chapman v. Pickersgill In the Common Pleas, Michaelmas Term, 1762. Reported in 2 Wilson, 145
  72. Tomlinson v. Warner Supreme Court, Ohio, December, 1839. Reported in 9 Ohio Reports, 104
  73. Wetmore v. Mellinger Supreme Court, Iowa, April 9, 1884. Reported in 64 Iowa Reports, 741
  74. Flight v. Leman In the Queen’s Bench, June 9, 1843. Reported in 4 Queen’s Bench Reports, 883
  75. Grainger v. Hill In the Common Pleas, January 20, 1838. Reported in 4 Bingham, New Cases, 212
  76. Bond v. Chapin Supreme Judicial Court, Massachusetts, September, 1844. Reported in 8 Metcalf, 31
  77. Clutterbuck v. Chaffers At Nisi Prius, coram Lord Ellenborough, C. J., December 14, 1816. Reported in 1 Starkie, 471
  78. Snyder v. Andrews Supreme Court, New York, March 5, 1849. Reported in 6 Barbour, 43
  79. Delacroix v. Thevenot At Nisi Prius, coram Lord Ellenborough, C. J., March 4, 1817. Reported in 2 Starkie, 63
  80. Sheffill v. Van Deusen Supreme Judicial Court, Massachusetts, September Term, 1859. Reported in 13 Gray, 304
  81. Hankinson v. Bilby In the Exchequer, January 28, 1847. Reported in 16 Meeson & Welsby, 442
  82. Bromage v. Prosser In the King’s Bench, Easter Term, 1825. Reported in 4 Barnewall & Cresswell, 247
  83. Hanson v. Globe Newspaper Company Supreme Judicial Court, Massachusetts, June 20, 1893. Reported in 159 Massachusetts Reports, 293
  84. Peck v. Tribune Company Supreme Court of the United States, May 17, 1909. Reported in 214 United States Reports, 185
  85. E. Hulton and Company v. Jones In the House of Lords, December 6, 1909. Reported in [1909] Appeal Cases, 20
  86. McPHERSON v. Daniels In the King’s Bench, Michaelmas Term, 1829. Reported in 10 Barnewall & Cresswell, 263
  87. Thorley v. Lord Kerry In the Exchequer Chamber, May 9, 1812. Reported in 4 Taunton, 355
  88. Webb v. Beavan In the Queen’s Bench Division, May 10, 1883. Reported in 11 Queen’s Bench Division, 609
  89. Brooker v. Coffin Supreme Court, New York, November, 1809. Reported in 5 Johnson, 188
  90. Cooper v. Seaverns Supreme Court, Kansas, December 11, 1909. Reported in 81 Kansas Reports, 267
  91. Lumby v. Allday In the Exchequer, Hilary Term, 1831. Reported in 1 Crompton & Jervis, 301
  92. Jones v. Littler In the Exchequer, January 16, 1841. Reported in 7 Meeson & Welsby, 423
  93. Secor v. Harris Supreme Court, New York, September, 1854. Reported in 18 Barbour, 425
  94. Smith v. Hobson In the King’s Bench, Trinity Term, 1647. Reported in Style, 112
  95. Joannes v. Burt Supreme Judicial Court, Massachusetts, January Term, 1863. Reported in 6 Allen, 336
  96. Foss v. Hildreth Supreme Judicial Court, Massachusetts, January, 1865 Reported in 10 Allen, 76
  97. Scott v. Stansfield In the Exchequer, June 3, 1868. Reported in Law Reports, 3 Exchequer, 220
  98. Munster v. Lamb In the Court of Appeal, July 5, 1883. Reported in 11 Queen’s Bench Division, 588
  99. Seaman v. Netherclift In the Court of Appeal, December 15, 1876. Reported in 2 Common Pleas Division, 53
  100. White v. Carroll Court of Appeals, New York, March 18, 1870. Reported in 42 New York Reports, 161
  101. Rice v. Coolidge Supreme Judicial Court, Massachusetts, December 1, 1876. Reported in 121 Massachusetts Reports, 393
  102. Ryalls v. Leader In the Exchequer, May 26, 1866. Reported in Law Reports, 1 Exchequer, 296
  103. Usill v. Hales In the Common Pleas Division, January 30, 1878. Reported in 3 Common Pleas Division, 319
  104. Wason v. Walker In the Queen’s Bench, November 25, 1868. Reported in Law Reports, 4 Queen’s Bench, 73
  105. Purcell v. Sowler In the Court of Appeal, February 3, 1877. Reported in 2 Common Pleas Division Reports, 215
  106. Barrows v. Bell Supreme Judicial Court, Massachusetts, October, 1856. Reported in 7 Gray, 301
  107. Milissich v. Lloyd’s In the Court of Appeal, February 10, 1877. Reported in 13 Cox, Criminal Cases, 575
  108. Barnes v. Campbell Supreme Court, New Hampshire, June, 1879. Reported in 59 New Hampshire Reports, 128
  109. Lawless v. The Anglo-Egyptian Cotton Co. In the Queen’s Bench, February 11, 1869. Reported in Law Reports, 4 Queen’s Bench, 262
  110. Padmore v. Lawrence In the Queen’s Bench, January 18, 1840. Reported in 11 Adolphus & Ellis, 380
  111. Child v. Affleck In the King’s Bench, May 13, 1829. Reported in 9 Barnewall & Cresswell, 403
  112. Coxhead v. Richards In the Common Pleas, January 31, 1846. Reported in 2 Common Bench Reports, 569
  113. Joannes v. Bennett Supreme Judicial Court, Massachusetts, October, 1862. Reported in 5 Allen, 169
  114. Beals v. Thompson Supreme Judicial Court, Massachusetts, June 20, 1889. Reported in 149 Massachusetts Reports, 405
  115. Toogood v. Spyring In the Exchequer, Trinity Term, 1834. Reported in 1 Crompton, Meeson & Roscoe, 181
  116. Williamson v. Freer In the Common Pleas, April 20, 1874. Reported in Law Reports, 9 Common Pleas, 393
  117. Marks v. Baker Supreme Court, Minnesota, July 25, 1881. Reported in 28 Minnesota Reports, 162
  118. Carter v. Papineau Supreme Judicial Court, Massachusetts, January 27, 1916. Reported in 222 Massachusetts Reports, 464
  119. Pullman v. Walter Hill & Company In the Court of Appeal, December 19, 1890. Reported in [1891] 1 Queen’s Bench, 524
  120. Stevens v. Sampson In the Court of Appeal, November 15, 1879. Reported in 5 Exchequer Division Reports, 53
  121. Clark v. Molyneux In the Court of Appeal, December 4, 1877. Reported in 47 Law Journal Reports, Common Law, 230
  122. Carpenter v. Bailey Supreme Court, New Hampshire, December, 1873. Reported in 53 New Hampshire Reports, 590
  123. Campbell v. Spottiswoode In the Queen’s Bench, April 18, 1863. Reported in 3 Best & Smith, 769
  124. Carr v. Hood Before Lord Ellenborough, C. J., London Sittings after Trinity Term, 1808. Reported in 1 Campbell, 355, n
  125. Merivale v. Carson In the Court of Appeal, December 2, 1887. Reported in 20 Queen’s Bench Division, 275
  126. Thomas v. Bradbury, Agnew & Co. In the Court of Appeal, June 25, 1906. Reported in [1906] 2 King’s Bench, 627
  127. Jackson v. Hopperton In the Common Pleas, May 25, 1864. Reported in 12 Weekly Reporter, 913
  128. Davis v. Shepstone In the Privy Council, March 5, 1886. Reported in 11 Appeal Cases, 187
  129. Roberson v. Rochester Folding Box Company Court of Appeals, New York, June 27, 1902. Reported in 171 New York Reports, 538
  130. Davies v. Gardiner In the Common Pleas, Trinity Term, 1593. Reported in Popham, 36
  131. Allsop v. Allsop In the Exchequer, April 25, 1860. Reported, in 5 Hurlstone & Norman, 534
  132. Davies v. Solomon In the Queen’s Bench, November 29, 1871. Reported in Law Reports, 7 Queen’s Bench, 112
  133. Corcoran v. Corcoran In the Exchequer, Ireland, November 17, 1857. Reported in 7 Irish Common Law Reports, 272
  134. Miller v. David In the Common Pleas, January 20, 1874. Reported in Law Reports, 9 Common Pleas, 1187
  135. Hatchard v. Mège In the Queen’s Bench Division, April 1, 1887. Reported in 18 Queen’s Bench Division Reports, 771
  136. Malachy v. Soper In the Common Pleas, November 25, 1836. Reported in 3 Bingham, New Cases, 371
  137. White v. Mellin In the House of Lords, February 14, 1895. Reported in [1895] Appeal Cases, 154
  138. Stone v. Carlan Superior Court, New York, 1850. Reported in 13 Law Reporter, 360
  139. Hughes v. McDONOUGH Supreme Court of Judicature, New Jersey, November, 1881. Reported in 43 New Jersey Law Reports, 459
  140. Hughes v. Samuels Brothers Supreme Court, Iowa, October 17, 1916. Reported in 179 Iowa Reports, 1077
  141. Westminister Laundry Co. v. Hesse Envelope Co. St. Louis Court of Appeals, Missouri, May 6, 1913. Reported in 174 Missouri Appeal Reports, 238
  142. 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
  143. Klous v. Hennessey Supreme Court, Rhode Island, June 14, 1881. Reported in 13 Rhode Island Reports, 332
  144. Hutchins v. Hutchins Supreme Court, New York, January, 1845. Reported in 7 Hill, 104
  145. Lewis v. Corbin Supreme Judicial Court, Massachusetts, May 15, 1907. Reported in 195 Massachusetts Reports, 520
  146. Dulin v. Bailey Supreme Court, North Carolina, November 29, 1916. Reported in 172 North Carolina Reports, 608
  147. Ratcliffe v. Evans In the Court of Appeal, May 26, 1892. Reported in [1892] 2 Queen’s Bench, 524
  148. Dudley v. Briggs Supreme Judicial Court, Massachusetts, May 8, 1886. Reported in 141 Massachusetts Reports, 582
  149. Garret v. Taylor In the King’s Bench, Easter Term, 1620. Reported in Croke, James, 567
  150. Tarleton v. M’Gawley At Nisi Prius, coram Lord Kenyon, C. J., December 21, 1804. Reported in Peake, 205
  151. Hart v. Aldridge In the King’s Bench, May 3, 1774. Reported in Cowper, 54
  152. Eager v. Grimwood In the Exchequer, June 1, 1847. Reported in 1 Exchequer Reports, 61
  153. Evans v. Walton In the Common Pleas, June 11, 1867. Reported in Law Reports, 2 Common Pleas, 615
  154. Lumley v. Gye In the Queen’s Bench, Trinity Term, 1853. Reported in 2 Ellis & Blackburn, 216
  155. Bowen v. Hall In the Court of Appeal, February 5, 1881. Reported in 6 Queen’s Bench Division, 333
  156. 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., Lim
  157. Jersey City Printing Co. v. Cassidy Court of Chancery, New Jersey, December 11, 1906. Reported in 63 New Jersey Equity Reports, 759
  158. 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
  159. 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
  160. Tuttle v. Buck Supreme Court, Minnesota, February 19, 1909. Reported in 107 Minnesota Reports, 145
  161. Weaver, J., in Dunshee v. Standard Oil Company (1911) 152 Iowa Reports, 618
  162. Kuzniak v. Kozminski Supreme Court, Michigan, December 17, 1895. Reported in 107 Michigan Reports, 444
  163. Horan v. Byrnes Supreme Court, New Hampshire, April 7, 1903. Reported in 72 New Hampshire Reports, 93
  164. Keeble v. Hickeringill In the Queen’s Bench, Trinity Term, 1706. Reported in 11 East, 574, note
  165. Ibottson v. Peat In the Exchequer, May 1, 1865. Reported in 3 Hurlstone & Coltman, 644
  166. Fisher v. Feige Supreme Court, California, July 14, 1902. Reported in 137 California Reports, 39
  167. Allen v. Flood In the House of Lords, December 14, 1897. Reported in [1898] Appeal Cases, 1
  168. 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, Augus
  169. Vegelahn v. Guntner Supreme Judicial Court, Massachusetts, October 26, 1896. Reported in 167 Massachusetts Reports, 92
  170. Plant v. Woods Supreme Judicial Court, Massachusetts, September 5, 1900. Reported in 176 Massachusetts Reports, 492
  171. Martell v. White Supreme Judicial Court, Massachusetts, March 1, 1904. Reported in 185 Massachusetts Reports, 255
  172. Pickett v. Walsh Supreme Judicial Court, Massachusetts, October 16, 1906. Reported in 192 Massachusetts Reports, 572
  173. Barr v. The Essex Trades Council Court of Chancery, New Jersey, October Term, 1894. Reported in 53 New Jersey Equity Reports, 101
  174. Pierce v. The Stablemen’s Union Local No. 8760 Supreme Court, California, July 6, 1909. Reported in 156 California Reports, 70

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