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Explains the legal tests for conversion in the measure of damages between trover and trespass. Occurrence of confusion to sources such as the use by courts and text writers of indefinite phrases and the tendency of the courts to allow trover in cases where the amount of damages would become the same if trespass or case were brought because of the total loss of the chattel; Applicability in cases involving property disputes in the United States.

Presents a case study in the law of torts. Case of the owner of a tract of land bounded on two sides by a river, who brought separate actions against six mining companies to recover compensation for alleged damage done to the land by the deposit of tailings from the tin mine into the river and to subsequently to the land during flood-time; Equitable remedy of an injunction as a concurrent remedy for a wrong actionable under the common law; Requirements for invoking of the doctrine of public utility in support of the denial of a remedy by injunction.

Presents some notes on a number of legal issues in the United States. Liability for stock issued for overvalued property; Contracts to employ only union men; Ejectment for encroachments on land above the surface; Attachment of goods for which a negotiable document of title is outstanding; Tort liability of contractor or vendor to parties not privy to the contract.

Presents a list of court cases in the U.S. as of January 1906. Cases on the liability of ship for wilful tort of seaman; Court cases on whether special police officer is agent of employer in the creation of agency; Lien on fund recovered for person other than client.

Discusses the law of equitable conversion in the U.S. Consequence arising from the conversion of a land of a deceased person in equity into money by his will; Presentation of several case involving equity conversion; Details of the cases; Opinion of the courts on the matter.

Discusses the plaintiff's illegal act as a defense in actions of tort. Overview on cases in which physical damage has been done to the plaintiff's person or property through the defendant's negligent acts or omissions; Radical difference between the cause of an accident and the blame for its; Background on the case of Bosworth v. Swansey.

The article presents recent decisions rendered by the U.S. Courts. In an action against the defendant for the tort of his mine manager, the defendant set up that he was excused from such liability by the provisions of a statute enacting that such managers be hired only from a class licensed by the state. It was held that the statute furnishes no defense. In another case, the plaintiffs signed a check drawn by one of their coexecutors, leaving spaces permitting of easy alteration. The drawer, after presentation, filled in the blank spaces, and the bank paid the check for the raised amount. It was held that the bank is not liable for the extra amount of the check thus fraudulently altered.

Discusses several court cases and ruling. Liability of principal for acts of independent contractor; Liability of principal to third person in tort; Personal injuries to passengers; Rights of property.

The article presents views on several legal issues. As a general rule, insane persons are liable for their torts. Public policy is thought to overcome the technical difficulty that since such people are often incapable of volition, the things which they do are not strictly their own acts. Since it is a question which of two innocent estates shall suffer, putting the loss on the property of the insane defendant is thought to secure greater vigilance by his guardians, and to be desirable as protecting the public. It also discusses contracts in restraint of trade within the Sherman Anti-trust law.

Presents several notes published in the January 1903 issue of "Harvard Law Review." Right of public service companies to serve themselves; Admiralty jurisdiction over torts; Constitutionality of state interference with contract rights of a municipality.

The article focuses on various lawsuits lodged in the U.S. The secretary of a company, to accommodate a friend, certified a transfer of shares, though the certificates were not lodged in the company's office as represented. The committee of a lunatic filed a petition in bankruptcy. Held, that the court had no jurisdiction to entertain such a petition. Under the Mexican statute giving an action for death by wrongful act, the liability of the defendant is limited to furnishing support to the legal dependents of the deceased during the periods of time that support would have been due from him, payments being made in monthly installments.

This article focuses on some observations on the doctrine of Proximate Cause. The concept of Proximate Cause was first distinctly stated as a legal doctrine by philosopher Bacon. The proximate cause of an event must be understood to be that which in a natural and continuous sequence unbroken by any new, independent cause produces that event and without which that event would not have occurred. In modern law the concept of proximate cause does duty in two senses, in contracts and highway cases it means a cause which is fairly the efficient and moving cause of a certain given result and in torts. In contracts as far as questions of damage are concerned, the defendant's act is a proximate cause of the natural and probable results.

Discusses the changes in the law of torts from one of absolute liability to one in which the most part recovery is based on culpability. Difference between a negligent tort and an intentional tort; Cases where mistakes prevent some other elements of the tort from being present; Rational basis for allowing recovery in tort; Confusion between mistake and accident.

The articles presents several developments related to legal issues in the United States. Some of the issues discussed here are: municipal liability for the torts of fire-boats; reparian rights under the fifth amendment; secret antenuptial conveyances; restrictions upon the cy-près doctrine; damages in an action for deceit; rights under a theatre ticket; proof of future rent against a bankrupt leisure; injunctions against continuing nuisances; ouster from particular franchises by Quo Warranto proceedings.

Reports on different cases presented for review by Harvard Law students in Cambridge, Massachusetts. Preferences of assigning bankruptcy among business enterprises; Exemption from involuntary bankruptcy among farmers; Liability of municipal corporations for torts.

The article focuses on the legal treatment of infringement of rights. Such wrongs are divisible into two classes, namely, torts and breaches of obligation. A tort is disobedience to a command of the State, and is affirmative or negative, according as the command is negative or affirmative, the tort being in that respect the converse of the command. The State commands every person within its limits to do no act which will infringe an absolute right of any other person. It follows, therefore, that every infringement of an absolute right is an affirmative tort, and that every affirmative tort is an infringement of an absolute right.

Presents reviews of court cases that were recent in May 1900. Negligence of an independent contractor employed by the defendant to tear down a building which resulted in damage to the plaintiff's building; Wrongful sale to an innocent purchaser; Ruling that an application by an insolvent corporation for the appointment of a receiver under a state law is not an act of bankruptcy.

The article presents information on judgments given by various courts in the U.S. In the case Farry v. Great Northern Ry. Co. The plaintiff left defendants' train before reaching the station for which he had bought a ticket. The station master, by locking the only door of the station, detained him to compel a surrender of this ticket. The court held that the defendants are liable for the false imprisonment. The court recognizes the English doctrine that a corporation cannot be held to incidentally authorize the commission of unlawful.

This article discusses various issues related to a proposed new definition of torts in the U.S. Although acts such as torts have been committed since the dawn of the idea of the existence of rights as between man and man, yet the development of anything like a clearly formulated conception of a tort is surprisingly recent. In seeking to establish the definition of a tort, the article author proposes to look, not to any relation of the injured party, but to the relation of the party committing the injury. The author states tort as an act or omission, not a mere breach of contract, and producing injury to another, in the absence of any existing lawful relation of which such act or omission is a natural outgrowth or incident.

Presents various law cases in the United States. Conflict of laws on foreign corporations; Conflict of laws on torts; Constitutional law; Contracts; Corporations' dealings with stockholders; Criminal law; Equity; Interpretation of statutes; Partnership; Action by wife against husband; Procedure; Adverse possession of property; Shipment of liquor; Telegraph companies.

Discusses malice and unlawful interference in the case of Allen versus Flood in December 1897. Law of torts; A person's interference with the employment of another where the act of interference induces no breach of contract and is not accompanied by acts of fraud or violence; Test case upon the right of labor unions to interfere between employers and employees.

Discusses the qui tam actions in section 4901 of the Revised Statutes of the United States which is part of the Acts relating to Patents. Goal of punishing persons who fraudulently attempt to impose upon the public the belief that they are enjoying a monopoly in the articles so marked; Observation that only a person can be an informer upon the statute; Classification of the actions under the statute as actions in the nature of tort.

Presents some notes on a number of cases in the United States. Damages of tort in admiralty; Duty of solicitor as officer of court; Bankruptcy; Bills and notes; City ordinance; Collateral attack in constitutional law; Acceptance of part performance in contracts; State of frauds in contracts; Attempt at incorporation; Colorable shareholders; Larceny; Anticipatory breach in contracts.

Presents legal cases from the English and American decisions not yet regularly reported. Recovery for death by wrongful act; Fictitious payee; Forged endorsement; Liability on bill of lading; Eminent domain; Constitutional law; Seizure of private property as criminal evidence; Fraudulent concealment; Federal jurisdictions.

Discusses the doctrine of volenti non fit injuria in actions of negligence. Proper relations of the doctrine, including that to duty; Courses of action of a plaintiff in an action of tort for negligence; Development of the doctrine; Application under the restricted form known as Employee's Risk; Limits of the doctrine.

Analyzes the different grouping of tort-relations, and tests their validity by noting the appropriate place of the detailed and concrete sub-topics. Harms which concern the person; Three main notions in Anglo-American law that are involved in the general idea of Responsibility; Excuse or Justification element.

Analyzes the general foundation for the treatment of Torts. Differentiation of Tort-relations from the general classification of private law; Insights into the judicial practice and legislation embodying the established results of the community's sense of systematic justice; Implications of the recognition of the tripartite division of Tort; Justification for the division of Tort in the deep-rooted instinct of the Anglo-American legal spirit.

Discusses various principles governing the laws of torts in the U.S. Recognition of temporal damage as an evil which its object is to prevent or redress; Manifestation of the probability of harm done intentionally; Degree of danger under the known circumstance.

Part III. Traces the development of the concept of responsibility for tortious acts. Personal deed; Self-defense; Deed of an infant and of a lunatic; Keeping of fire; Keeping of animals with reference to land trespasses and trespasses by biting, etc.; Keeping of dangerous things.

Discusses key issues concerning the history of responsibility for tortuous acts. Idea of responsibility in the early Anglo-Norman period that appears in the shape of exoneration for deeds of the servant not commanded or consented to; Development stages of the idea that the master was to be held liable absolutely for harm done by slaves or servants; Implications on law.

Examines existing laws and policies governing the liability of a master for the tort of his servant in the U.S. Scope of the servant's employment relevant to the infliction of injury; Principles and applications of the rule; Legal rules and forms of actions; Policies governing the employment of servants and the burden of liability to the employer.

Presents reviews of several legal issues and judgments that were recent in May 1893. Question of legal fee for a dedicator's act in the Minnesota case Flaten v. Moorhead; Liability of corporations to exemplary damages for the torts of their agent in the U.S. Supreme Court case Lake Shore & M.S. Ry. Co. v. Prentice; Defamation in Buckstaff v. Viall.

Discusses the existence of a case where the doctrine of waiver of tort applies. Liability of tort of two or more joint tort feasors; Mitigation of damages; Use of remedies; Effect of waiving the tort; Involvement of the doctrine of double vexation.

Discusses the doctrine of waiver of tort in legal practice. Empowerment of the plaintiff to elect an action of assumpsit to recover the value of that which has been tortiously taken or used; Distinction between a case where the defendant professes to act together and where he claims to be acting in his own right; Several classes of cases in which the question of the waiver of tort has emerged.

The article presents a discussion on the principles governing gratuitous undertakings. An undertaking is the entrance of two parties into such relationship as that one party, on account of the bare relationship unaided by any agreement, has a new duty to perform towards the other. One of the most important classes of undertakings is bailments; and for a long time it was held that every bailment included a contract. The violation of an undertaking is not a tort. A gratuitous bailee or other undertaker is liable only for gross negligence.

Explains the reason of the rule which prohibits the assignment of rights of action in general. Description of the right of action in one person which implies a corresponding duty in another to perform an agreement or to make reparation for a tort; Limitations in the field for the substitution of duties by consent; Discussion of the principle of the inalienability of choses in action.

Questions whether the statutory action for injuries is causing death transitory. Definition of "transitory"; Power of a court to enforce the particular course of action arising outside of the State creating the court; Duty of the court to determine the controversy according to some law other than its own; Application of the argument of inconvenience and unnecessary burden to the enforcement of all causes of action arising out of the State; Three general classes of cases from which the question under discussion may arise; Right of the personal representative appointed in the State where the injury was done, to recover in another State, whose statute gives a similar remedy.

Focuses on the choice of law in multistate unfair competition in the U.S. Impact of the growing complexity of product distribution on the common law tort of unfair competition; Role of the uniformity of substantive law in the oldest segment of unfair competition on the diversity of substantive rules; Influence of unfair competition to the requirement of examination and application of the law of every state.

Examines nuisances from the land in its natural condition, a term used to mean land which has not been changed by any act of man. Duty of a possessor of land to use due care to prevent structures on his land to from becoming dangerous to persons outside the premises; Possibility for a liability to be based upon the ground that the landowner has maintained a nuisance; Relation of the imposition of liability solely on the ground of ultrahazardous condition to the general subject of strict liability.

This article presents information related to the principles of torts. Until relatively recent period the subject matter now assembled under the generic term "Tort" was not dealt with as a unit by law writers, but was considered piecemeal under such titles as assault, defamation, deceit. The first treatise bearing the name "Torts" was issued in 1859 by Hilliard, an American author. In order to assign torts to a position in the legal scheme: the entire group of remedial actions serve five distinct purposes 1) to give to a person what another has promised him 2) to restore to a person what another has unjustly obtained at his expense 3) to punish for wrongs 4) to compensate for harm 5) to determine the rights in property.

The article discusses liability for trots of military personnel in the U.S. The magnitude of the military and naval forces of the United States makes the question of redress for the torts of members of the services of current importance. The injured person 1 is presented with the problem of determining whether to seek recovery from the subordinate who directly inflicted the injury, the superior who commanded it, or the Government. He must decide whether the Government - not ordinarily liable--has waived its immunity, or whether the military person --presumably liable--is privileged by orders. Unhesitating obedience is one of the vital attributes of an efficient army, and disobedience is therefore severely punished.

Provides a critique on issues about contribution among tort-feasors. Way of looking at tort liability; Rule of law which has some tendency to effect loss distribution over a large segment of society; Idea about the contribution and indemnity between tort-feasors.

Discusses various aspects about contribution among joint tortfeasors. Basis of liability in tort; Criticism made against advocates of contribution among tortfeasors; Ways to provide compensation for the victims of torts.

Provides some insights into the economic characteristics of the law focusing on the law of torts and labor law in England. Emphasis on the Anglo-American law of torts and its application in the realist theory of judicial decision; Tory criminal law against labor organizations; Complaints about decisions in labor cases focusing on court interference with business, breaches and induction of breaches of contracts in the course of labor disputes.

Focuses on the influence of Justice Benjamin Nathan Cardozo in the development of the law of torts in the U.S. Position of Cardozo regarding the common law; Contribution of Cardozo to the field of negligence in the law of torts; Difficulties resulting from the common-law viewpoint of liability.

The article reports that the law of negligence and, indeed, every other part of the law of torts which involves the reasonable character of the conduct of either of the litigants, has within the last fifty years been subjected to an intensive analysis, primarily by law teachers but also with gratifying frequency in judicial opinions. The concept of that ideal creature, the reasonable man, has been examined and re-examined almost ad nauseam. It has become an accepted doctrine that the propriety of one's conduct depends not only upon the advantage which one gains and the harm which one intends or is likely to do to others, but also upon interests of society in general, or rather upon what are at the time conceived to be such interests.

The article presents information on fifty years of Torts. It may be safely said that there is no branch of the law which--has undergone more numerous and important changes than the law of Torts. This is natural, since it, and particularly that branch of it which deals with the subject of negligence, is in peculiarly close touch with human affairs. It passes judgment upon the conduct of mankind under conditions prevailing at the particular time and in the particular case. The influence exerted by changes in public opinion, and particularly where the change in public opinion is itself the creature of changed economic conditions and theories, can be realized only by an immense scrutiny of cases.

Discusses the English Joint Tortfeasors Act that deals with contribution and related matters. Factors that prompted the creation of he Act; Enactment by the statutes that a judgment against a defendant who has acted in concert toward a common end with another does not bar a later action against the other; Assertion that in its provisions as to contribution, the Act goes far toward consigning to limbo the common law doctrine; Suggestion that the provision operates to exclude certain anomalous cases in which contribution may be thought desirable; Significant single development effected by the Act.

Discusses problems related to the trespassing upon another's property by oil companies in their quest for new reserves. Question whether the disclosure of the true character of a landowner's property may be tortious; Emphasis on the importance for both parties to forge an agreement for the conduct of such operations to avoid trespassing; Decision of a court to grant damages to a landowner even the land is worthless for oil purposes.

Discusses several cases in the U.S. Gold Hoarding Act; Undue preference in railroad rates; Provability of future rent claims in bankruptcy.