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Updated: July 11, 2025
I allow myself a few words, because I shall not be able to return to the subject. If the liability of a master for the torts of his servant had hitherto been recognized by the courts as the decaying remnant of an obsolete institution, it would not be surprising to find it confined to the cases settled by ancient precedent. But such has not been the fact.
If therefore the criterion of a delict, wrong, or tort be that the person who suffers it, and not the State, is conceived to be wronged, it may be asserted that in the infancy of jurisprudence the citizen depends for protection against violence or fraud not on the Law of Crime but on the Law of Tort. Torts then are copiously enlarged upon in primitive jurisprudence.
It is known that he made a partial payment of forty-five cents at a second-hand book-store for a number of volumes Grindstaff on Torts and some others which he had negotiated on the instalment system; it is also believed that he won twenty-eight cents playing seven-up in the little room behind Louie Farbach's bar; but these things are of little import compared to the established fact that at eleven o'clock he was one of the ball guests at the Pike Mansion.
Apart from the extremes just mentioned, it is now easy to see how the point at which a man's conduct begins to be at his own peril is generally fixed. When the principle is understood on which that point is determined by the law of torts, we possess a common ground of classification, and a key to the whole subject, so far as tradition has not swerved the law from a consistent theory.
But the torts with which our courts are kept busy today are mainly the incidents of certain well known businesses. They are injuries to person or property by railroads, factories, and the like. The liability for them is estimated, and sooner or later goes into the price paid by the public.
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