BY J NEWTON FIERO, LL. D., DEAN OF THE ALBANY LAW SCHOOL AND LECTURER ON THE LAW OF TORTS PREFACE. I HAVE attempted to prepare a work which shall combine the theory of the Law of Wrongs and the practice in Actions for Injuries to the Person, in such a manner as shall be useful to the practicing lawyer, basing my views of usefulness and convenience very largely upon my own experience; following, however, in the main the classification adopted by the leading text-writers upon the subject. Like the Special Actions and Special Proceedings, this book has grown out of the collating of authorities for use in my own practice, followed in this instance by an analytical arrangement of the decisions. This collation and analysis of authorities is now extended so as to embrace the general principles governing the Law of Torts, and the rules and practice in actions growing out of Wrongs to the Person. No attempt is made in this volume to consider the other important divisions of the Law of Torts, as classified at page 13, viz.: Wrongs to Property." "Wrongs to Both Persons and Property," and the class termed "Miscellaneous Wrongs." This work is, however, intended to be complete as to the divisions of the subject treated, and while it has been deemed alike unnecessary and impossible to cite all the New York cases in Part I, which is devoted to the general principles of torts, the treatment of the subject covers both the Substantive Law and the methods of procedure under the Code, in each action involving an injury to the person. That is to say, both the law and the practice are given as held in and followed by the authorities, tracing the progress of the action from its commencement to its close. In very many instances rules of law and practice, with the decisions by which they are established, have been intentionally repeated under several different topics or subdivisions of the same topic, when this course was deemed most likely to subserve the convenience of the practitioner, the purpose being to furnish a practical, rather than a purely scientific and theoretical, treatise. Authorities are cited in every instance, and I have refrained from venturing upon the expression of my own views on controverted or undecided questions. I must take the occasion to express my high appreciation of the kindly manner in which my works on Procedure have been received by the Bar. GMANY, ALBANY, September 1, 1903. J. NEWTON FIERO. |