A Treatise Upon The Law Applicable To Negligence Classic Reprint

Excerpt from A Treatise Upon the Law Applicable to Negligence About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Excerpt from A Treatise on the Law of Negligence The "Law of Negligence" has not, I think, received that amount of attention from English text writers which its importance would seem to demand. The division of negligence into three classes: Neglect of duties requiring (1) ordinary, (2) more than ordinary, and (3) less than ordinary care appeared, upon the whole, to be a reasonable plan. This division is, no doubt, somewhat arbitrary; but it has the advantage of proceeding in some measure super antiquas vias, and it adapts itself to the increasing complexity of modern obligations. It cannot be doubted that in the progress of civilization a constantly increasing amount of care is required of men in proportion to the increased skill and intelligence which they are found to possess, to the increased difficulties of the duties which they undertake to perform, and to the keener sense of responsibility toward others which is characteristic of a more refined age. Thus it will be found, I think, that there is a tendency, both in the recent judgments of the judges and in the enactments of the Legislature, to widen the responsibilities of men in their conduct toward others. Upon the whole, then, I have thought such a division of my work to be desirable as giving a clearer view of what care the law requires in the performance of duties generally. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from A Treatise on the Law of Contributory Negligence I have made this book upon the Law of Contributory Negli gence in the belief that such a work, even if only fairly well done, would be timely, and might possibly be, in some degree useful to the bench and bar. The libraries have furnished, hith erto, no separate treatise upon this subject; the latest editions of the standard Works upon the Law of Negligence, which consider Contributory Negligence only incidentally, were published sev eral years ago, and the subject is one of constant, and constantly increasing interest and importance to the profession. It is by far the most important and material branch of the Law of Negli gence, and although we already have at hand, aside from the sev eral English treatises, the three excellent American works of Messrs. Shearman Redfield, Dr. Wharton, and Judge Thomp son respectively - each in its way the best of the three - 1 have thought, because the subject is an interesting one and impinges so much upon so many other leading titles in the law, that this work of mine might supplement rather than supplant what has already been better done upon the more general subject of N egli gence, and that it might, in consequence, turn out not a wholly superfluous undertaking. I have collected and cited more than three thousand cases - not omitting, as I believe, a reference to any valuable adjudication in point, by the State and Federal courts of our own country, and have endeavored to give a due prominence to recent English authorities, and to include, par ticularly, citations from the latest volumes of the reports and from current periodical legal literature. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

"The author occasionally attempts to criticize, as well as to catalogue, decisions, thus really helping lawyers, who rarely consult law books, except when some question demanding a consideration of conflicting authorities has to be settled." —The Times. "Mr. Smith goes systematically through the leading exemplars of each of the classes enumerated above, adding illustrations from many decided cases, his comments on which are invariably intelligent and valuable." —Saturday Review. "The author has performed his task with judgment and skill. . . . A good index is very valuable, and the book appears to us to be excellent in that respect." — Solicitors' Journal. "Written in a lucid and interesting style, and presenting a complete view of the whole subject." —Daily Chronicle.