This section is from the book "Popular Law Library Vol4 Torts, Damages, Domestic Relations", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
2. What is the other form of trespass against personal property?
Page 78. 1. What are some of the principal defenses which may be set up against actions for trespass to personal property?
1. Who may bring an action for trespass to personal property?
Page 81. 1. What are the principal classes of tortuous acts which are redressed under the action of trespass on the case?
1. What are the principal forms of indirect trespass?
2. Give a brief history of the doctrine of liability for injuries by animals or inanimate objects.
1. What is the rule as to liability for injuries by wild animals?
Page 85. 1. What is the rule as to liability for injuries by domestic animals?
Pages 86-87. 1. Give an outline of the case of Klemberg vs. Russell?
1. What is the rule as to the liability of owners or keepers of dogs for injuries caused by these animals?
1. When is a person liable for injuries caused by fire?
2. When is a person liable for injuries caused by explosives?
3. When is a person liable for injuries caused by accumulations of water?
1. Distinguish between trespass, waste and nuisance?
2. What are the remedies for waste?
1. Define waste?
Page 93. 1. What constitutes waste?
1. Does the cutting down of trees constitute waste?
2. Does the working of mines constitute waste?
1. Will the erection of new buildings constitute waste?
1. What is meant by the term "without impeachment of waste?"
2. What was decided in the "Raby's Castle" case?
1. Define nuisance.
2. Classify nuisances.
1. What are the principal classes of private nuisances?
1. . When may a person commit a nuisance by excavations on his own land?
2. What are the rights of persons owning land abutting on a running stream?
1. How may such rights be infringed?
1. Give an outline of the case of Evans vs. Merri-weather?
1. What are surface waters?
2. What are the rights as to the use of surface waters?
3. What are the rights of landowners as to repelling surface waters?
Page 106. 1. What is the civil law rule on this question?
1. What is the common law rule on this question?
1. When will the pollution of water constitute a nuisance?
1. Name some nuisances which affect the enjoyment of property, without injuring the property itself?
2. Can a lawful trade or business constitute a nuisance?
1. Where may an obnoxious business be carried on?
1. What is the real test as to whether a noisy trade is a nuisance in a particular location?
1. Give a few illustrations where a lawful business has been held a nuisance?
1. Give a few illustrations where a business has been decided not to be a nuisance?
1. May mere noise constitute a nuisance?
1. May the ringing of church bells constitute a nuisance?
1. Define deceit?
2. What are the five requisites in every action for deceit?
1. What forms may the misrepresentations take?
I. What words are sufficient to constitute a misrepresentation?
1. What acts or conduct of the party will constitute a misrepresentation?
1. When will mere silence be sufficient to constitute a misrepresentation?
L. In what different ways may the requisite that the defendant must have known the falsity of his statement be satisfied?
1. Why is it necessary that the plaintiffs should have believed in the truth of the representations?
1. Can the plaintiff recover when the misrepresentations were not made with the intention of having him act upon them?
1. Do misrepresentations by themselves constitute a ground of action?
2. What else is necessary?
1. Define malicious prosecution.
2. What are the necessary elements in this action?
3. What must have been the character of the original action?
Pages 140 - 144.
1. Give an outline of the argument and decision in the case of Pope vs. Pollock.
1. What connection must the defendant have had with the original action?
1. When will an attorney be liable for malicious prosecution?
Page 147. 1. What termination of the original suit is necessary?
1. Is a dismissal of the original suit without a trial on its merits a termination upon which an action for malicious prosecution can be brought?
1. Is a termination by settlement or compromise such a termination?
1. What will constitute probable cause?
1. Is the innocense of the accused decisive of the action?
1. Define malice.
2. When will an action of tort for conspiracy lie?
1. In what classes of cases have civil actions for damages by conspiracies been sustained?
Page 155. 1. Define Slander.
1. Define Libel.
Page 157. 1. What is meant by words being actionable per se?
1.. What are some of the most important forms in which defamatory words are to be found?
1. When are words imputing a crime actionable per se?
Page 160. 1. What is an infamous punishment?
1. What is publication?
2. What was the decision in Youmans vs. Smith?
1. Is the mere composition of a libel sufficient?
1. Does the dictation of a libel to a stenographer constitute publication?
1. Is the intent material in an action for slander or libel?
2. Is malice a necessary element in such actions?
3. To what extent is the truth of the charges a defense in such an action?
1. Is the fact that the defendant believed the charges to be true a defense in an action for slander or libel?
2. Is the bad character of the plaintiff a defense?
3. What are privileged communications?
4. What are the two classes of privileged communications?
Page 166. 1. What communications are absolutely privileged?
1. To what extent are the statements, pleadings and arguments of a lawyer in a trial privileged?
Pages 170-171. 1. What classes of communications are quahfiedly privileged?
1. Is negligence a distinctive tort?
2. Are actions involving negligence relievable by an action of trespass or trespass on the case?
1. Define negligence.
2. Classify negligence.
1. What is the present tendency of the law relative to this classification?
2. Give a synopsis of the case of The Steamboat New York vs. King.
1. When is the question of negligence material in the field of trespass?
1. What was the early rule as to the liability of a person for the direct consequences of his acts?
2. What is the modern rule?
Pages 178-181. 1. Give a synopsis of the decision in the "Nitro-Glycerine Case".
1. In what different ways may the duty, which is violated by an act of negligence, have arisen?
1. What is contributory negligence?
1. When is a person guilty of contributory negligence?
Pages 186 - 190.
1. What is the doctrine of comparative negligence?
2. In what States is it recognized?