LONDON HENRY FROWDE, M.A. PUBLISHER TO THE UNIVERSITY OF OXFORD DOM MINA INVS TIO ILIV MEA AND STEVENS AND SONS, LIMITED CASES ILLUSTRATING THE PRINCIPLES OF THE LAW OF TORTS BY FRANCIS R. Y. RADCLIFFE ONE OF HIS MAJESTY'S COUNSEL RECORDER OF PORTSMOUTH FORMERLY FELLOW OF ALL SOULS COLLEGE, OXFORD AND J. C. MILES OF THE INNER TEMPLE, BARRISTER-AT-LAW OXFORD AT THE CLARENDON PRESS LONDON, NEW YORK AND TORONTO: HENRY FROWDE ALSO SOLD BY STEVENS & SONS, LIMITED, 119 & 120 CHANCERY LANE, LONDON 1904 OXFORD PRINTED AT THE CLARENDON PRESS BY HORACE HART, M.A. PRINTER TO THE UNIVERSITY L 6890 DEC 16 1932 PREFACE THIS book is an attempt to illustrate the principles underlying the main branches of the Law of Torts by a selection from the original authorities. With this object in view the headnotes of all the cases have been rewritten so as to state the principle established by each case rather than the application of that principle to a particular set of facts. The notes are mainly explanatory or supplemental; but in two or three cases, as in the note to Asher v. Whitlock, they are an attempt to present an accurate statement of the existing law on certain difficult points. Owing to the exigencies of space it has been necessary to omit portions of the cases as originally reported. This has been done for the most part by omitting or reducing long statements of facts, arguments of counsel where not necessary to explain the judgements, and concurring judgements where they did not seem to add anything to that reported. Where a judgement has dealt with more than one subject those portions which are not relevant to the principle under discussion have been omitted. Excisions from a judgement have been indicated by dots. It remains for us only to acknowledge our indebtedness to the Incorporated Council of Law Reporting, to the proprietors of the Law Journal, and to Messrs. Stevens & Sons, Limited, for permission to reprint many |