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INDEX

[THE FIGURES REFER TO PAGES)

A

ABATEMENT,

By death, 117-120.

Of nuisance, 571-573.

ABUSE OF PROCESS, 493–495.

ACCIDENT,

Liability for, 53-58.

ACCORD AND SATISFACTION, 120-123.

ACTIO PERSONALIS MORITUR CUM PERSONA, 117.
ACT OR OMISSION,

As constituting tort, 40-42.

ACTS OF STATE, 107, 108.

ADMIRALTY,

Concurrent jurisdiction with law, 43.
Contributory negligence, 542.

ADVICE OF COUNSEL,

As constituting probable cause, 485-487.

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ALIENATION OF AFFECTIONS,

See Interference with Domestic Relations.

ALLURING NUISANCE,

Recovery by infant trespasser, 505-507.

ANIMALS,

Trespass by, 346, 347.

Liability of keeper, 520-523.

ARREST,

Under process, 277-282.

Without warrant, 282-285.

Liability of one assisting officer, 281, 282.

CHAP.TORTS

(675)

ASSAULT, 253-256.

[The figures refer to pages]

For defenses, see Battery.

ASSIGNMENT OF CAUSE OF ACTION, 136, 137.

ASSUMPTION OF RISK,

By servant, 186–194.

ATTRACTIVE NUISANCE,

Recovery by infant trespasser, 505–507.

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BATTERY,

Defined, 257, 258.

Defense of person, 258–262.

Property, 262–264.

Recaption, 265–270.

Enforcement of discipline, regulation and order, 270-272.

BIBLIOGRAPHY, 50, 51.

BLIND PERSONS,

Contributory negligence, 548, 549.

BOYCOTT,

See Interference with Contractual Rights.

C

CAPTAIN OF VESSEL,

Powers over crew and passengers, 271, 272, 285.

CARRIER,

See Railroad.

[The figures refer to pages]

CASE AND TRESPASS,

Actions in, 45-47.

CATTLE,

See Animals.

CAUSA PROXIMA NON REMOTA SPECTATUR, 77.

CAUSE, PROXIMATE,

See Proximate Cause.

CHAMPERTY, 497, 498.

CHATTEL,

Liability of maker or vendor, 517-520.

CHECK,

Liability of bank for failure to pay, 23.

CHILDREN,

See Infants.

CITIES,

See Corporations (municipal).

COLLOQUIUM,

In actions for defamation, 301-303.
"COMING TO A NUISANCE," 579.
CONDITION,

Distinguished from cause, 101-103.
And see Proximate Cause.

CONFLICT OF LAWS,

Local and transitory actions, 240-243.
Transitory torts,

In general, 244–248.

Acts wrongful by lex loci, 248, 249.
By lex fori, 249-252.

CONSENT,

See License.

CONSPIRACY, 580–584.

CONSTABLE,

Liability for unlawful levy, 153, 154.

CONTINGENT FEE,

Not champertous, 497, 498.

CONTRACTOR,

Liability of Employer, 214.

Wrongful work, 215, 216.

Dangerous work, 216–219.

Violation of duty, 219–221.

Reservation or exercise of control, 221-223.

Ratification, 223–225.

Lack of care in selection, 225.

[The figures refer to pages]

CONTRACT AND TORT,

See Tort (and contract).

CONTRACTUAL RIGHTS,

Interference with, see Interference with Contractual Rights,

CONTRIBUTION AND INDEMNITY,

Between joint wrongdoers, 237-239.
CONTRIBUTORY NEGLIGENCE,
See Negligence.

CONVERSION,

Defined, 370.

Distinguished from trespass, 371, 372.

Chattels subject to, 372, 373.

Nonfeasance insufficient, 373, 374.

Method of accomplishment,

Unlawful taking, 374, 375.

Purchase from thief, 375–377.

By servant, agent or bailee, 377-379.
Unlawful detention,

Demand and refusal, 379–381.
Quantum of plaintiff's interest, 381-383.
Defenses,

Return to supposed owner, 384.

Jus tertii, 384.

Offer to return, 385.

Damages, 386–388.

Election between suit in tort and contract, 26.

COPYRIGHTS,

Violation of, 32.

CORPORATIONS,

Injuries to, 135.

Liability of, municipal, 198-203.

Charitable, 204-206.

Noncharitable, 207, 208.

COUNSEL ADVICE OF,

As constituting probable cause, 485-487.

COUNTIES,

See Corporations (municipal).

COURT AND JURY,

As determining proximate cause, 103, 104.

In actions for defamation, 344, 345.

Malicious prosecution, 483-489.

COVENANT NOT TO SUE, 123–127.

CREDITOR,

Action for interfering to prevent collection of debt, 474, 475.

CRIME AND TORT,

[The figures refer to pages]

See Tort (and crime).

CRIMINAL CONVERSATION,

See Interference with Domestic Relations.

CRITICISM,

As defense to defamation, 323–326.

CROSSING TRACK OR STREET,

Duty to look and listen, 532-534.

CUJUS EST SOLUM EJUS EST- USQUE AS COELUM ET AD IN-
FEROS, 348.

CULPABLE MIND,

See Motive (and intent).

D

DAMAGE,

When essential, 69–75.

In defamation, see Defamation.

Duty to lessen, 539-541.

DAMAGES,

Not apportionable between wrongdoers, 236, 237.

For damages in particular cases, see the specific torts.

DAMNUM ABSQUE INJURIA, 7–9.

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