The Law of Torts: A Concise Treatise on the Civil Liability at Common Law and Under Modern Statutes for Actionable Wrongs to Person

Law of Torts

The Law of Torts

A Concise Treatise

on the

Civil Liability at Common Law

and under

Modern Statutes for Actionable Wrongs

to Person and Property

By

Francis M. Burdick

Dwight Professor of Law in Columbia University School of Law

Author of The Law of Sales, The Law of Partnership, etc.

Washington, D.C.

Copyright 1905 by Francis M. Burdick

Reprinted 2000 by Beard Books, Washington, D.C.

ISBN 1-58798-000-2

ISBN: 978-1-5879831-3-9 (e-book)

Printed in the United States of America

PREFACE.

THE present volume is the result of an endeavor to state, with brevity but with accuracy, the legal principles involved in tort litigations of to-day. While neither the history nor the theory of the subject has been ignored, the discussion of those topics has been subordinated to the exposition of established rules of law.

No attempt has been made at originality in classification. The first six chapters present a sketch of the history of tort development in our law; a statement of the general principles determining tort liability; a brief account of tort remedies, and of the manner in which tort liabilities may be discharged. The remainder of the volume is devoted to a discussion of the most important classes of torts.

The order, in which particular torts have been dealt with, is quite different from that observed by many modern writers. It is not made to depend upon the motive, intent, or state of mind of the wrong-doer, but upon the sort of harm inflicted. Those torts, which are directed principally against the person of the victim, are first considered: then, those which are aimed at his property; and, lastly, those which are clear invasions of both the personal and the property rights of another.

A considerable saving of space has been secured by frequent cross-references. For example, Chapter III, entitled Harms that are not Torts, contains a statement of the principles which excuse or justify acts which are apparently tortious. These principles are not repeated in the chapters, devoted to particular torts, such as Assault and Battery, Trespass and others; but are referred to in frequent foot-notes. Still, the moderate dimensions of this book are due not so much to the space-saving device, just mentioned, as to the deliberate purpose of the writer to prepare a hand-book; not a series of monographs, nor a collection of commentaries, nor a digest of all reported decisions. He has sought to aid his brethren of the profession by stating, as concisely as possible, the rules of law on this subject; by expounding the reasons for such rules, as these are set forth in judicial decisions; by noting the conflict of opinion which exists on many points, and especially, by referring only to those cases which bear directly and helpfully upon the topics to which they are cited. In order to make these citations as useful as possible, recent cases have been preferred to older ones, whenever the discussion of principles and authorities has been equally valuable; reference has been given not only to the official report, but to unofficial publications in which the case has appeared, and the date of each decision is noted.

COLUMBIA UNIVERSITY,

SCHOOL OF LAW,

March, 1905.

TABLE OF CONTENTS.

INTRODUCTORY CHAPTER.

The Antiquity of Torts:—The Recency of Text Books on Torts

Beginning of Modern Theory of Torts

Indefiniteness of the Term

Non-Contract Law

Thou Shalt Do no Hurt to Thy Neighbor

Other Attempts at Simplification

Tort may be Negative.—Innkeeper

Tort may Violate Right in Personam

Right of guest against Innkeeper

Right of Shipper

Agent as Tort Feasor

Torts Springing out of Contract

CHAPTER II.

NATURE OF A TORT.

Its Chief Characteristics

Tort is distinguishable from crime

Merger of Tort in Felony: In England

Same in America

The distinction between a tort and a breach of contract

Plaintiff’s Option to sue in Contract or Tort

Advantage of Suing in Tort

Disadvantage of Suing in Tort

Extending the Area of Tort

Plaintiff Must Show Breach of Legal Duty

False Statements Causing Damage

Waiving Tort and Suing in Contract

Distinction between Quasi-Contract and True Contract

Quasi-Delict

Quasi-Tort

CHAPTER III.

HARM THAT ARE NOT TORTS.

§ 1. HARM MUST BE UNLAWFUL

Arrest of Innocent Person

§ 2. DEFAMATION BY LEGISLATORS

§ 3. JUDICIAL OFFICERS’ EXEMPTION

Judges of Inferior Courts

Arbitrators: Military and Naval Courts

Quasi-Judicial Officers

§ 4. HARMS INFLICTED BY ACTS OF STATE

Liability of Government Officials to Fellow Citizens

Acts of Military and Naval Officers

§ 5. HARMS DONE UNDER THE POLICE POWER

Harms Inflicted by Neighboring Land Owners

Legalizing Nuisances—Britain

In the United States

Taking Private Property

Destruction of Property Under the Police Power

§ 6. DEFENSE OF SELF AND PROPERTY

Inevitable Accident

Defense of Family

Defense of Property

Recaption

Reasonable Force

Defense Against Animals

Accidental Harm: Primitive Rule

Modern Doctrine

Harm Inflicted by Lunatics

Unsatisfactory Reasons

§ 7. CONFLICTING RIGHTS

Neighboring Land Owners

Limits of Land Owner’s Privileges

Test of Permissible Use of Land

Conditional Privilege of Defamation

Modern Industrial Competition

Rival Business

Mogul Steamship Case

Unfair Competition

Fraudulent Injury to Business

Intimidation of Third Persons

Difference of View Accounted for

Unlawful Combinations

§ 8. ASSENT OF PLAINTIFF

Contract Exemption from Tort Liability

Invalid in Some Cases

Conflicting Views

Leave and License by Plaintiff

Deception of Plaintiff

Volenti Non Fit Injuria

Limitations upon Maxim

Positive Duty imposed by Law

Spectators at Unlawful Exhibitions

Assumption of Risk as an Absolvent from Statutory Duty...

Assumption of Risk a Term of Servant’s Contract

Assumption of Risk versus Public Policy

Distinguishable from Contributory Negligence

§ 9. PLAINTIFF A WRONGDOER

Not an Outlaw

Illegality of Conduct as a Bar to Recovery

Violation of Sunday Laws

Illegal Conduct an Element in the Cause of Action

Duty Towards a Law Breaker

Illegal Business outside the Pale of the Law

Doctrine Misapplied

§ 10. REMOTENESS OF DAMAGE. PROXIMATE CAUSE

Statement of Rule

Line is Sometimes Arbitrary

The Opposite View

Leaving Remoteness to the Jury

Usual Instruction to the Jury

§ 11. MENTAL ANGUISH; WOUNDED FEELINGS; FRIGHT; NERVOUS SHOCK

Mental Anguish not a Cause of Action

Mental Anguish Accompanying Actionable Defamation

Soliciting Sexual Intercourse

Worry and Fright Caused by Defendant’s Misconduct

Physical Derangement Caused by Fright

Reasons for Denying Remedy

An Arbitrary Test

Unsatisfactory Test

Law Values Feelings

Mental Anguish Caused by Illegal Conduct

Punishing the Wrongdoer

Mental Anguish Caused by the Negligence of Telegraph Companies

Texas Doctrine Generally Rejected

CHAPTER IV.

PARTIES TO TORT ACTIONS.

§ 1. CORPORATIONS

The State May be Plaintiff

Political Subdivisions of the State

Governmental and Private Functions

Counties, Parishes, Townships, School Districts

Quasi-Municipal Corporations

Cities, Villages, and Special Incorporated Towns

Non-Liability of City

Legislative, Judicial and Quasi-Judicial Powers

Statutory Liability of Municipal Corporations

Liability of Municipality as Property Owner

Liability of Municipal Officers and Servants

Charitable Corporations

Private Corporations

Liability for Slander

§ 2. MEMBERS OF THE FAMILY

Married Women

Modern Legislation

Double Action for Injury to Wife

Tort Actions between Husband and Wife

Tort Liability of Infants

Deceit by Infant

False Representations as to Age

Liability of Infant for Trover

Infant’s Liability for Negligence

Parent’s Liability for the Child’s Tort

Parent’s Right to Sue for Injury to his Child

Tort Actions by Child against Parent

§ 3. ACTIONS INVOLVING THE RELATION OF MASTER AND SERVANT

Terms Used in their Generic Sense

The Master’s Liability for the Servant’s Tort. Its Basis

Different Historical Stages of Liability

Who is a Servant?

Compulsory Pilot

Independent Contractors

Who are Independent Contractors?

Determined by the Contract

A Servant with Two Masters

Temporary Transfer of Service

Right of Selecting and Discharging Servant

Exceptional Liability of Employer for Torts of Independent Contractor

Collateral and Direct Negligence

What Work is Intrinsically Dangerous?

Incompetent or Unfit Contractor

Sub-Contractor’s Torts

Adoption of Torts done on One’s Behalf

Evidence of Ratification

Scope of Servant’s Authority

A Question for the Jury

Acts not Within the Particular Servant’s Course of Employment

Acts not Done in the Master’s Business

Willful, Malicious and Fraudulent Acts of Servant

False Imprisonment and Malicious Prosecution by Servant

Master’s Liability for Torts of Servant, which are not in the Course of His Employment

Tort Liability of Master to Servant

§ 4. SPECIAL DUTIES OF MASTER TOWARDS SERVANT

(1) To Employ Suitable Fellow Servants

(2) Duty to Establish and Promulgate Proper Rules

Test of Sufficiency of Rules

For Court or Jury?

(3) Duty to Provide a Safe Place to Work

Safety of Place Dependent upon Co-Servants

(4) Duty to Furnish Safe Appliances

Safety of Appliances and Fellow Servants

Keeping Appliances Safe

(5) Duty to Warn of Danger

Court and Jury

Assumption of Risk and Contributory Negligence of Servant

Servant Remaining after Knowledge of Danger

The Risk from Fellow-Servant’s Misconduct

Reasons for the Rule

Not a True Contract Provision

Who Are Fellow-Servants? Various Tests

Nature and Character of the Negligent Act

Superior Servant Test

Injuries Due to Negligence of Master and Fellow-Servant

Limitations of the Fellow-Servant Rule

There Must be a Common Master

The Servants Must be Engaged in a Common Employment

Different Department Doctrine; Habitual Association

The Servant’s Liability for his Torts

Servant’s Liability for Non-Feasance

Tort Liability of Servant to Master

Joint Actions Against Master and Servant

The Opposite View

CHAPTER V.

REMEDIES.

§1. DEVELOPMENT OF REMEDIES

Historical Sketch

§2. SELF-HELP

Defense of Self and Property

Forcible Entry and Detainer

Forcible Recaption of Chattels

Entering Another’s Premises to Retake Property

Distress as a Form of Self-Help

Abatement of Nuisances

Risk of Abating

§3. ACTION FOR DAMAGES IS THE ORDINARY TORT REMEDY

Damages are of Three Sorts

Nominal Damages

Ordinary or Compensatory Damages

Punitive or Exemplary Damages

Against Whom Punitive Damages Allowable?

Damages Recoverable from Joint Wrongdoers

The Majority View

Punitive Damages Against Municipal Corporations

Punitive Damages for Conversion of Property

Conversion of Property of Fluctuating Value

Damages Against Independent but Concurrent Wrongdoers

Interest as an Element of Damages in Tort Actions

Avoidable Damages

The Functions of Court and Jury

Amount of Damages is Ordinarily for the Jury

Damages not to be Split Up

§ 4. LOCAL ACTIONS FOR TORT

Early Law: Modern Doctrine

§ 5. CONFLICT OF LAWS IN TRANSITORY ACTIONS

What Actions are Transitory

A Tort by Lex Loci and Lex Fori

Injury which is not Tortious by the Lex Loci

Injury Which is not Tortious by the Lex Fori

Defenses Generally Depend Upon the Lex Loci

§ 6. INDEMNITY BETWEEN WRONGDOERS

If Free from Fault

Indemnity to Agent or Servant

If not Free from Blame

§ 7. CONTRIBUTION BETWEEN WRONGDOERS

When Wrongdoing is Intentional

Where no Wrongful Intent

CHAPTER VI.

DISCHARGE OF TORTS.

§1. TWO SPECIES OF DISCHARGE

By Act of Parties

Discharge by Contract

Agreement Subsequent to the Tort

A Covenant not to Sue

Discharge by Waiver

Discharge by Judgment

Judgment Against One of Several Wrongdoers

Election by Judgment Creditor

The Effect of Satisfying a Judgment for Conversion

§ 2. DISCHARGE BY OPERATION OF LAW

Death of Either Party

Legislation in this Country.

The Dissolution of a Corporation

Action for Causing Death

Attempt to Substitute the Scotch Rule

Common Law Rule Modified by Statute

The Statutes Create a New Cause of Action

Construction of the Statutes

Damages Recoverable

Effect of Bankruptcy on Tort Actions

Statute of Limitations

Exemptions from Statutory Bar

Beginning of Statutory Period

Conflict of Laws

CHAPTER VII.

§ 1. PARTICULAR TORTS

§ 2. FALSE IMPRISONMENT

Violates the Right of Personal Liberty

What Constitutes Arrest

Unlawfulness of Imprisonment

Justification Under Legal Process

Process Under Unconstitutional Statute or Ordinance

Arrest Without a Warrant—(a) By Peace Officers

(b) Arrest by a Private Person

Reasonable and Probable Cause

Unreasonable Detention of a Person Arrested

Detentions which are not False Imprisonments

§ 3. MALICIOUS PROSECUTION

The Nature of this Tort

The Essential Elements of the Tort

Termination in His Favor

Malice

Probable Cause

Success or Failure of Original Prosecution

Advice of Counsel as Evidence of Probable Cause

Legal Damage

Damage to Reputation

Damage to Person

Damage to Property

Damage to Property Consisting in Charges and Expenses

American Courts are Divided

Compensatory and Punitive Damages

§ 4. MALICIOUS ABUSE OF PROCESS

Differs from Malicious Prosecution

A Peculiar Form of Abuse of Process

§ 5. WRONGS KINDRED TO MALICIOUS PROSECUTION

Bringing a Suit in another’s Name

Maintenance

CHAPTER VIII.

ASSAULT AND BATTERY.

§ 1. WHAT CONSTITUTES THIS TORT

The Right Invaded by an Assault

The Right Invaded by Battery

Extended Signification of Assault

Excusable Assaults

Justifiable Assaults

Damages

Counterclaiming Damages

Assault is Distinguishable from Negligence

CHAPTER IX.

WRONGFUL DISTURBANCE OF FAMILY RELATIONS.

§1. THE FAMILY HEAD AND FAMILY RIGHTS

By Primitive Law

Invasions of Marital Rights

Marital Torts Against the Husband

Marital Torts Against the Wife

Action for Enticing Husband

Crim. Con. with Husband

Injuries to the Body or Reputation of the Wife

§ 2. ABDUCTION

Torts Against the Parent

Ordinary Injuries to Parental Right in Child

Injury to Parent by Seduction of Daughter

The Same Subject. American Law

Damages in Actions for Seduction

§ 3. TORTS AGAINST THE MASTER

Harming or Enticing the Servant

Torts Against the Servant by Wrongfully Influencing the Master

§ 4. CONSPIRACY AS A TORT

Conspiracy Without Injury

Concert or Combination

CHAPTER X.

DEFAMATION.

§1. NATURE OF THE TORT

The Right Invaded by Defamation

Injury to Reputation by Means Other than Defamation

Publication

Communication Which is not Publication

Repetition of Defamation

Joint Publication

§2. LIBEL AND SLANDER

Two Species of Defamation

Definition of Civil Libel

Libels Affecting One’s Vocation

Libel of a Class

Province of the Court and the Jury

Liberty of Speech and Press

Language to be Construed in its Ordinary Sense

The Office of Innuendo

§3. SLANDER

The Peculiarities of Slander

Words Actionable Per Se

Words, Imputing Crime

Imputing Unchastity

Imputing Contagious Diseases

Imputation of Unfitness for Office

Words Which Prejudice a Person in his Profession or Trade

Words not Actionable per se, but Causing Special Damage

General Damages in Defamation

§ 4. DEFENSES IN ACTIONS FOR DEFAMATION

Classified

The truth of the Charge

Privileged Communications

Functions of the Court and of the Jury

Conditional or Qualified Privilege

Good Faith Presumed

Defamation in the Performance of a Duty

The Performance of a Duty to the Public

Reports of Public Proceedings

Newspaper Reports of Public Meetings

Defamation in the Performance of Private Duty

Duty Arising from the Family Relation

Duty of Mercantile Agencies

Volunteered Statements for the Benefit of Recipient

Defamation in Self-Defense

Fair Comment

Subjects of Fair Comment

The Criticism of Public Men

What Comment on Personal Conduct is Fair

Criticism of Candidates for Public Office

Criticism of Literary, Artistic or Commercial Productions and Displays

What Comment on Literary and other Displays is Fair?

CHAPTER XI.

TRESPASS TO PROPERTY.

Definition of Trespass

Trespass to Realty

Intention of Trespasser

Mitigation and Aggravation of Damages

The Right to Damages for Trespass to Land

Injuries Which are not Trespass

The Possession of Plaintiff

Trespass by Animals

Trespasses by Animals Driven Along Highways

Duty of Land-Owner to Trespassers

Trespass to Chattels

Intention to Inflict Harm is not material

Possession of Plaintiff

Excusable Trespasses

Trespass Ab Initio

CHAPTER XII.

TROVER AND CONVERSION.

The Fiction of Finding

Subject Matter of Trover

Against Whom the Tort May be Committed

How Conversion is Committed

Wrongful Asportation in the Exercise of Dominion

Intention to Convert

Conversion without Physical Taking

Goods Obtained By Fraud

Excluding the Rightful Owner, or Possessor

Nonfeasance, or Negligent Omission

Sale of Property, as a Conversion

Purchaser is also Liable for Conversion

Wrongful Use of Property as a Conversion

Conversion of Principal’s Property by Agent

Asportation or Detention by a Mere Custodier

Conversion by a Finder

Conversion by Unlawful Detention

Unconditional Refusal

Qualified Refusal

Conversion by a Tenant in Common

Conversion by Pledgee

Tender of Converted Goods by Defendant

CHAPTER XIII.

DECEIT AND KINDRED TORTS.

§ 1. DECEIT

As a Tort

Deceit Defined

Statement of Fact

Deception by Silence

Opinion as Distinguished From Fact

Statement as to a Person’s Credit

Misrepresentation of Law

Knowledge of the Untruth

Other Remedies Available for Negligent Misrepresentation

Intended to Induce Plaintiff.

Corrupt Motive Unnecessary

Inducing Plaintiff to Act

Means of Knowledge Immaterial

Need Not be Sole Inducement

Functions of Court and Jury

False Statement by Agent or Servant

§ 2. SLANDER OF TITLE

Nature of the Tort

Falsity and Malice

Rival Claimants to Property

Slander of Title and Damage

§ 3. UNFAIR COMPETITION

The Term is Modern

The Nature of This Tort

Infringement of Trade-Marks

Words, Symbols, and Devices Which are not Trade-Marks

Deceit is the Basis

The Fraudulent Use of a Proper or Corporate Name

Imitating Packages and Buildings

False and Misleading Trade-Marks

Abandonment and Laches.

CHAPTER XIV.

NUISANCE.

§ 1. PRIVATE NUISANCE

Definition

Legalizing Nuisances

Turning Lawful Acts Into Nuisances

Nuisances Per Se

Lawful and Laudable Business

Public Cemeteries

Injury to Property

Personal Discomfort

Temporary Annoyance

Negligence Not Necessary

Coming to a Nuisance

§ 2. PUBLIC NUISANCE

Private Action For

§ 3. PARTIES TO NUISANCE ACTIONS

Who may Bring the Action

Nuisance to Health

Municipal Corporation as Plaintiff

Who May be Sued for a Nuisance

Liability of Grantee

Landlord and Tenant

Landowner and Licensee

Joint Liability

Defendant’s Misconduct not the Sole Cause of Harm

$ 4. REMEDIES FOR NUISANCE

Three Classes

Action For Damages

Relief by Injunction

CHAPTER XV.

NEGLIGENCE.

§ 1. NATURE OF THE TORT

Negligence is Relative

Distinguishable from Intentional Wrongdoing

Degrees of Negligence

Examples of the three degrees

§ 2. FROVING NEGLIGENCE

Burden of Proof

Presumption, when Contract is Broken

Res Ipsa Loquitur

Functions of Court and Jury

§ 3. CONTRIBUTORY NEGLIGENCE

Consequences of

Burden of Proof

What Amounts to Contributory Negligence

The Last Clear Chance

Cause of Danger Distinguished from Cause of Harm

Careless Conduct Induced by Defendant

Attempts to Save Property

Forgetfulness of Danger

Assumption of Risk

Comparative Negligence

Young Children and other Incapables

§ 4. IMPUTED NEGLIGENCE

Master and Servant

Carrier and Passenger

Parent and Child

§ 5. LIABILITY OF LAND OWNER OR OCCUPIER; AND OF OTHERS ENGAGED IN EXTRA HAZARDOUS UNDERTAKINGS

Doctrine of Rylands v. Fletcher

Rylands v. Fletcher not Generally Approved in America

Liability for Cattle and Nuisances

Vicious Animals

Care of Fire and Electricity

Liability for Explosives

Poisons and Other Dangerous Articles

Common Carriers, Liverymen, Caterers, etc

Liability of Landowners to Lawful Passers-By

Liability of Landowner to Invited Persons

Liability to Licensees

Liability of Trespassers

Alluring Infant Trespassers

Authorities for the Infant

Railroad Company v. Stout

Alluring Nuisances

Converting Trespassers into Baited Victims

Hardship for the Landowner

Reaction from Railroad Company v. Stout

Repudiation of Railroad, Company v. Stout

TABLE OF CASES.

Abbe v. Abbe, 121.

Abbott v. Abbott, 120.

Abercrombie v. Bradford, 351.

Abraham v. Deakin, 154.

Abrahams v. Cooper, 262.

Abrahams v. Kidney, 284.

Abrath v. N. E. Ry., 115, 251, 299.

Achison v. Miller, 220.

Acton v. Blundell, 62, 63.

Adams v. Adams, 346.

Adams v. Bicknell, 253.

Adams v. Chicago, etc., Ry., 47.

Adams v. Rivers, 346.

Adams v. Waggoner, 77.

Adams Ex. Co. v. Harris, 222.

Adams Express Co. v. Schofteld, 135.

Adams Hotel Co. v. Cobb, 409.

Adamson v. Jarvis, 219.

Addicks v. Cristoph, 169.

Addington v. Canfield, 342.

Aetna Ins. Co. v. Reed, 377.

Adler, D. & Sons v. Thorpe, 367.

Afflick v. Bates, 93.

Agincourt, The, 157.

Agnew v. Johnson, 76.

Ahern v. Steele, 414.

Ahrens & Ott. Mfg. Co. v. Hoeher, 251, 252.

Ainsworth v. Lakim, 208, 448.

Ala. etc., Ry. v. Coggins, 431, 440.

Alabama, etc., Ry. v. Kuhu, 246.

Ala. G. S. Ry. v. Crocker, 467.

Alabaster v. Harness, 265.

Alair v. Northern Pac. Ry., 74.

Albany Savings Bank v. Burdick, 378.

Albert Dumois, The 197.

Albrecht v. Mil. etc. Ry., 223.

Albutt v. Gen. Med. Council, 327.

Alcorn v. Chic, etc., Ry., 111.

Alcorn v. Mitchell, 268.

Alderson v. Maddison, 24.

Alderson v. Waistell, 54.

Aldred’s Case, 399.

Aldrich v. Boston, etc., Ry., 149.

Aldrich v. Press Printing Co., 334, 335.

Aldrich v. Tripp, 108.

Aldrich v. Wright, 56, 449.

Aleppo, The, 208.

Alexander v. Jenkins, 309, 314.

Alexander v. Penn., 218.

Alexander v. Southey, 361.

Alexander v. Town of Newcastle, 92.

Alexander v. Vicksburg, 109.

Allan v. State Steamship Co., 135.

Allec v. Reece, 34.

Allen v. Addington, 376.

Allen v. Conn. Ry. Co., 214.

Allen v. Crofoot, 243, 346.

Allen v. Flood, 72, 73, 74, 252, 286, 287, 289.

Allen v. Keily, 191.

Allen v. Smith Iron Co., 165.

Allen v. Sackrider, 7.

Allen v. Stephenson, 450.

Allen v. Willard, 135.

Allend v. Spokane Falls Ry., 179.

Alliance Trust Co. v. Nettleton Hardware Co., 339.

Allsop v. Allsop, 95, 312.

Allison v. Farmers’ Bank, 14.

Alsever v. Minn., etc., Ry., 156.

Alsop v. Lidden, 263.

Althorf v. Wolfe, 234.

Alvord v. Davenport, 355.

Alwin v. Liesch, 305.

American Bank Note Co. v. New York El. Ry., 49.

Am. Furniture Co. v. Town of Batesville, 416.

American Nat. Bank v. Morey, 18.

Am. Nat. Bk. v. Denver, 380.

Am. Wal. Watch Co. v. U. S. Watch Co., 389, 391.

Ames v. Union Ry. Co., 285.

Amory v. Flyn, 348.

Amoskeag Mfg. Co. v. Goodale, 195.

Amy v. Watertown, 238.

Anderson v. Beck, 248.

Anderson v. Chicago, etc., Ry., 407.

Anderson v. C. N. Nelson Lumber Co., 83, 169.

Anderson v. Erie Co., 165, 167.

Anderson v. Friend, 254.

Anderson v. Gorrie, 31.

Anderson v. Shufeldt, 236.

Anderson v. State, 54, 191.

Andre v. Johnson, 54, 191.

Andrew v. Deshler, 382, 383.

Andrews v. Chicago, Etc., Ry., 93.

Andrews v. Jackson, 369.

Andrews v. Nott Bower, 329.

Andrews v. Stone, 270.

Andrews v. Van Duzer, 319.

Andrus v. Howard, 127.

Angel v. Jellico Coal Co., 162, 182.

Angle v. Chicago, 67, 71.

Ankeny v. Moffet, 220.

Angus v. Clifford, 372, 373.

Angus v. Radin, 341.

Ann Arbor Ry. v. King, 457.

Anonymous, Godbolt, 145.

Anonymous, Keil f. 92 pl. 4, 191.

Anonymous, Year Book, Ed. 2, 51.

Annapolis etc. Ry. v. Baldwin, 449.

Anonymous, Year Book, 21 Hy. 7, 52.

Anonymous, Year Book, 19 H. 6, 53.

Anonymous, Year Book, 9 Ed. 4, 53.

Anonymous, Y. B. Ed. IV. f. 34, 195.

Anonymous, Y. B., 6 Ed. 58.

Anonymous, Y. B. 7 H. IV, 145.

Anonymous, Y. B. 11 H. 4, 68.

Anonymous, Y. B. H. VII, 244.

Anonymous, Y. B. 27 Hy. VIII, 310.

Anonymous, 67 N. Y., 368.

Antcliff v. June, 262, 263.

Anthony v. Norton, 283.

Antonio Zambrana, The, 157.

Apgar v. Woolston, 249, 250, 254.

Ark. Mid. Ry. v. Canman, 455.

Armstrong County v. Clarion County, 187, 220.

Arnold v. Teel, 378.

Arthur v. Oakes, 289.

Ash v. Lady Ash, 211.

Ash v. Marlow, 252.

Ashby v. White, 198.

Ashcraft v. Knoblock, 227.

Ascherman v. Philip Best Co., 352.

Ashley v. Hart, 165.

Ashlock v. Vivell, 123, 125.

Atchinson, etc., Ry. v. Bancord, 171.

Atch. etc., Ry. v. Calvert, 444.

Atchinson, etc., Ry. v. Henry, 204.

Atchison, etc., Ry. v. Lawler, 222.

Atchison T. etc., Ry. v. McGinnis, 99.

Atchison, etc., Ry. v. Matthews, 426.

Atchison, etc., Ry. v. Morgan, 440.

Atchinson, etc., Ry. v. Tanner, 352.

Atchinson Co. v. Watson, 251.

Atlanta, etc., Ry. v. Kimberley, 143.

Atlanta Nat. Bank v. Davis, 17, 18.

Atlanta Oil Mills Co. v. Coffey, 458.

Atlantic etc., Ry. v. Percy, 119.

At. & Great W. Ry. v. Dunn, 204.

Atlantic Transport Co. v. Coneys, 134.

Atlas, The, 225.

Atlee v. Packet Co., 430.

Att’y Gen. v. Cleaver, 418.

Att’y Gen. v. Doughty, 419.

Att’y Gen. v. Gaslight Co., 396.

Att’y Gen. v. Nichol, 418.

Att’y Gen. v. Steward, 398.

Atwater v. Morning News Co., 291, 319.

Atwater v. Sawyer, 5, 7.

Atwood v. Chicago, etc., Ry., 136, 137.

Auchmuty v. Ham, 206.

Austin v. Cox, 118.

Austin v. Vrooman, 32.

Augusta Factory v. Barnes, 202.

Austin v. Culpepper, 301, 303.

Austin v. White, 313.

Austin v. Wilson, 200.

Austral. Newspaper Co. v. Bennett, 308.

Averill v. Chadwick, 348.

Ayer v. Ashmead, 226.

Ayer v. Rushton, 386.

Ayre v. Craven, 315.

Aylesworth v. Curtis, 229.

Ayers v. Blevins, 366.

B.

Bacon v. City of Boston, 47, 48.

Bacon v. Kimmel, 227.

Bacon v Towne, 252.

Baddeley v. Earl of Granville, 83.

Bader v. Southern Pac. Ry., 309.

Badger v. Batavia, etc., Co., 350, 351.

Badger v. Phinney, 124.

Bageard v. Consol. T. Co., 435, 441.

Bagshaw v. Goward, 346.

Bailey v. Bussing, 220.

Bailey v. Chic. M. & St. Paul Ry., 340.

Bailey v. City of Centerville, 442.

Bailey v. Lawrence County, 106.

Bailey v. Mayor, 108.

Bailey v. R. W. & O. Ry., 166.

Baird v. Shipman, 184.

Baird v. Howard, 352.

Baird v. Vaughn, 424.

Baker v. Bolton, 232.

Baker v. Braslin, 118.

Baker v. Carrick, 66.

Baker v. Flint & P. M. Ry., 280.

Baker v. Kinsey, 149.

Baker v. Metropolitan Life, 72.

Baker v. Morris, 126.

Baker v. Pierce, 307.

Baker v. Sanderson, 410.

Baldwin v. Barney, 87.

Baldwin v. Cole, 360.

Baldwin v. Elphinstone, 296.

Baldwin v. Ensign, 449.

Baldwin v. Hayden, 54, 191.

Baldwin v. Weed, 243.

Ball v. Hanser, 80.

Ball v. Hauser, 159.

Ball v. Liney, 361, 362.

Ball v. Rawles, 256.

Ball v. Ray, 403.

Ball v. Siegel, 386.

Ballard v. Russell, 279.

Ballentine v. Webb, 407.

Ballew v. Alexander, 13.

Baltimore Consol. Ry. v. Pierce, 148, 151.

Balt. & Ohio Ry. v. Baugh, 144, 177.

Baltimore, etc., Ry. v. Boyd, 337, 340.

Balt., etc., Ry. v. Blocher, 204.

Baltimore & O. Ry. v. Brady, 222.

Balt. & Ohio Ry. v. Carr, 210.

Baltimore & O. Ry. v. Cox, 421.

Baltimore, etc., Ry. v. Glenn, 279.

Bal. & O. Ry. v. Joy, 230.

Bal. & O. Ry. v. Reed, 217, 218.

B. & O. Ry. v. Wightman, 454.

Baltimore and Ohio S. W. Ry. v. Voigt, 75.

Baltimore, etc., Ry. v. McDonnell, 444.

Baltimore, etc., Ry. v. Whitacre, 432.

Baltimore and Potomac Ry. v. Fifth Baptist Church, 46.

Baltimore & P. Ry. v. Mackay, 167.

Balt. Consol. Ry. v. Foreman, 436.

Baltimore Ry. v. O’Donnell, 364.

Bamford v. Turnley, 405, 407.

Bandfield v. Bandfield, 120.

Bank v. Henry, 305.

Bank v. Milvain, 18.

Bank of Cal. v. West. U. Tel. Co., 153.

Bank of Commerce v. Goos, 18.

Bank of Miller v. Richmon, 252.

Bank of Palo Alto v. Pac. Postal Tel. Co., 153.

Bannister v. Wakeman, 34.

Barbee v. Reese, 101.

Barfoot v. Reynolds, 52.

Barg v. Bonsfleld, 134.

Barhight v. Tammany, 254, 255.

Barholt v. Wright, 77.

Barker v. Ringrose, 315.

Barling v. West, 244.

Barman v. Spencer, 457.

Barnard v. Haggis, 121.

Barnard v. Poor, 197.

Barnes v. Campbell, 327.

Barnes v. Keene, 281.

Barnes v. Martin, 192.

Barnett v. Luther, 197.

Barnett v. Wood, 312.

Barney v. Hannibal, etc., Ry., 468.

Barney Dumping Boat Co. v. New York, 109.

Barnot v. Frederick, 377.

Barns v. Constantine, 257.

Barnum v. Turpening, 343.

Barr v. Essex Trades Council, 70, 72.

Barrett v. Lake Ont. Co., 453.

Barrett v. Southern Pac. Ry., 468.

Barrett Chem. Co. v. Stern, 389.

Barron v. Mason, 252.

Barrows v. Bell, 327.

Barrow Steamship Co. v. Kane, 144.

Barry v. Crosky, 376.

Barstow v. Old Col. Ry., 175.

Bartell v. State, 269.

Bartle v. Nutt, 220.

Bartlett v. City of Columbus, 109.

Bartlett v. Wells, 123.

Bartram v. Sharon, 108.

Barwick v. Eng. Joint Stock Bk., 380.

Basebe v. Matthews, 249.

Basely v. Clarkson, 338.

Bassell v. Elmore, 299, 316.

Bassett v. Bassett, 360.

Bassett v. Maynard, 347.

Batchelder v. Heagan, 451.

Bates v: Clark, 95 U. S., 41.

Bates v. Old Colony Ry., 75.

Bates v. Worcester Protection Department, 51.

Bathwick v. Detroit Post, 292.

Baum v. Clause, 319.

Baxter v. Roberts, 168.

Bays v. Hunt, 334.

Bayssett v. Hire, 66, 329.

Beach v. Brown, 277.

Beach v. Hancock, 267.

Beach v. Ranney, 316.