GENERAL INDEX.

ABUSE

of legal process, 290, 391, 456.

ACCIDENT

an excuse, 141, 207, 273.

ACTION,

may be brought by assailant, when, 283.
for negligence, when ex delicto, 504 n.
double right of, 567.

ADMIRALTY RULE

as to damages for death, 67.

ANIMALS,

domestic injury by, 265, 414, 415 n.
vicious, 538, 545, 547 n.

ARREST

of person not named but intended, 188.

ASSAULT,

what is, 268, 271, 276.

a threatening gesture may be, 268.

intent to execute threat not necessary to, 273 n.
deception, equivalent to force in, when, 273 n.
accidental blow not, 273.

a wanton blow, though in sport, is, 275 n.

excessive self-defence is, 283.

not bound to retreat, 280.

may be made to defend possession, 277, 286 n.

no defence that one had license, 169, 231.

each party may sue when the first one assaulted uses excessive force,
171, 283.

AUTHORIZED ACTS,

when, and when not torts, 31, 134, 197, 204, 405.

BOYCOTTING, 293, 297, 302 n.

CATERER,

liability for unwholesome food, 36.

CAVEAT EMPTOR,

when does not apply, 361.

COMMON RIGHTS, 155–169, 214, 220 n.

CONSPIRACY, 220, 226 n, 297, 302 n, 393, 399.

CONTRACT,

special relations of a tort, 567, 569.

CONTRIBUTORY NEGLIGENCE, 487, 508, 510, 514, 519.

CONTRIBUTION

among wrong-doers, 257.

CONVERSION, 418-456.

definition of, 419, 427.

sale of goods bought of one who has no title is, 420,

auctioneer liable for, 421.

principal and agent both liable, when, 421, 424.

removing property from one place to another is not, 425.

nor is borrowing from and returning to one who has no title, 426.

nor is carrying for one not having title, but having possession, 430.
when finder of estray is guilty of, 433.

damages in, 245, 433-441.

whether damages reduced by returning property, 441 n.

by tenants in common, 442.

wrongful seizure by officer, 447, 456.

effect on title, 448.

DAMAGES,

for death, 67.

how to be estimated, 77-84.

insurance policy not to be deducted, 80 n.

when killing is in another State, 80-84.

general rules, 239.

actual damage not necessary, when, 239.

if clearly insufficient or excessive new trial granted, 240, 242.

exemplary, when allowed, 242, 244 n.

when property taken by honest mistake, 245.

when property taken furtively, 245.

when property purchased honestly from furtive taker, 245-249.
interest, where recoverable, 249 n.

in false imprisonment, 289, 456.

must be alleged in defamation, when and how, 309, 323.

DAMAGES (Continued),

from dogs, 265, 415 n, 538.

increased by number of copies of libel sold, 332 n.
in conversion, 245, 433-441.

nominal, entitle one to abate nuisance, 475.

DANGEROUS INSTRUMENTS, 207, 559.

DEATH,

damages for, 67, 77–84.

DECEIT,

falsehood in fact, 360 n.

false representations concerning stock of goods, 361.
where buyer relies on his own examination, 361, 362.
misrepresentation of law, 363.

reckless ignorance may result in, 364.

forgetfulness does not excuse, 365.

failure to give information is, when, 367, 369 n.

duty of banker more strict than that of trader, 368.

in renting house, 369 n.

intention generally irrelevant when false credit induced, 369.
statements to mercantile agency available to patrons, 371.
means of knowledge of falsity by buyer immaterial, 374.

by agent, when renders principal liable, 375.

no merger of by one partner in judgment against firm, 377 n.

DECEPTION,

may be equivalent of force in assault, 273 n.

DEFAMATION, 309, 323, 334.

actionable words, classes of, 309, 323.

accusing of adultery, when actionable, 309.

special damage must be alleged, when and how, 309, 323.

repetition of slander, 327.

what is publication, 328.

innuendo, office of, 332.

when social duty renders communication privileged, 337, 347.

privileged communications, 337, 347 n, 350.

uttering in confidence or upon solicitation, 346.

mercantile agencies, 347 n.

reports of legal proceedings, 350.

DOGS,

when may be killed, 178, 178 n.

when injury by gives action against owner, 265, 415 n.

vicious, liability for, 538, 545 n, 547 n.

EXECUTIVE ACTS,

liability for, 123, 127, 185, 188 n, 193.
under unconstitutional statute, 185.

FELONY,

tort not merged in, 261

FELLOW-SERVANTS,

who are, 93, 97 n, 108, 113.

when negligence of, no defence, 538.

FAIR COMMENT, 352, 347 n.

FAMILY RELATIONS, 303, 305.

FENCES,

failure by railroad to fence, 31, 490.

FIRE,

destroying property to prevent spread of, 177 n.
responsibility for, 547.

GUNPOWDER,

negligence in dealing with, 550.

IMPRISONMENT,

false, what is, 286.

actual force not necessary, 287.

shadowing by detectives, is, 287 n.

pupil's detention by teacher, not, 287 n.

arrest on erroneous warrant, is not, 288.

malicious motives may aggravate damages, 289.

absence of probable cause may aggravate damages, 289.

entering complaint upon which the magistrate issues warrant without

jurisdiction, is not, 290 n.

how differs from malicious prosecution, 290.

abuse of legal process is, when, 291, 456.

INDEPENDENT CONTRACTOR, 86, 89 n, 104.

INSURING SAFETY.

dangerous articles, 49.

vicious animals, 538.
keeping in fire, 547.

use of gunpowder, 550.
passers-by, 150-4, 553.
licensees, 555.

trespassers, 559.