ON THE LAW OF TORTS IN OBLIGATIONS ARISING FROM CIVIL BY SIR FREDERICK POLLOCK, BART. OF LINCOLN'S INN, BARRISTER-AT-LAW; CORPUS PROFESSOR OF JURISPRUDENCE IN THE UNIVERSITY OF OXFORD; LATE FELLOW OF TRINITY COLLEGE, CAMBRIDGE; AND HONORARY DOCTOR OF LAWS IN THE UNIVERSITIES OF EDINBURGH AND DUBLIN. Author of " Principles of Contract," " A Digest of the Law of Partnership," &c. NEW AMERICAN-FROM THIRD ENGLISH EDITION. ELABORATED WITH NOTES AND REFERENCES TO AMERICAN CASES. BY JAMES AVERY WEBB, Of the Memphis Bar. ST. LOUIS: THE F. H. THOMAS LAW BOOK CO. 1894. Entered according to Act of Congress in the year 1894, by THE F. H. THOMAS LAW BOOK CO., In the office of the Librarian of Congress, at Washington. St. Louis, Mo. : Press of Nixon Jones Printing Co. TO HONORABLE HENRY C. CALDWELL, JUDGE OF THE UNITED STATES CIRCUIT COURT OF APPEALS OF THE EIGHTH JUDICIAL CIRCUIT. Recognizing our indebtedness to you for the suggestion that the text of POLLOCK ON TORTS was the foundation of the greatest book ever published on this important branch of the law, we take the liberty to dedicate this American edition to you. In doing so, permit us to express the hope that the notes which have been prepared by our editor may tend to strengthen your exalted opinion of the practical value of this book, which you have so aptly styled "A Legal Classic." THE PUBLISHERS. PREFACE TO THE NEW AMERICAN EDITION. The fact that the English edition of this book was acknowledged by distinguished members of the American Bar to be a scholarly treatment of the law of torts, replete with learning, founded on research, and clear in the exposition of the fundamental principles and explicit in their application to special cases, led the publishers to believe that an American edition would fill a want long felt by students and practitioners in this country. In annotating this book the editor has not altered the text and notes of the author but has added such notes and references as seemed pertinent. The editor's notes are usually arranged under headings, either the same or very near the same as those used in the text, so that no difficulty will be met in identifying by the paragraph headings the connection between the text and the notes. Occasionally American cases upon single phrases or sentences in the text are cited among the English notes. These are inclosed in brackets [ ]. Generally, practically all the American cases are cited, but upon a few subjects like "Damages," it was found impracticable to refer to more than the late cases and the leading cases. The agreement or disagreement of the English and American authorities is usually mentioned in the editor's notes and where they are not in harmony the points of difference are specified and briefly discussed. MEMPHIS, TENN. April, 1894. J. A. WEBB. (v) |