The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 42

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 42

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...100 U. S. 702, it was observed that "Corporations are liable for every wrong they commit, and in such cases the doctrine of ultra wires has no application. They are also liable for the acts of their servants while such servants are engaged in the business of their principal, in the same manner and to the same extent that individuals are liable under like circumstances. An action may be maintained against a corporation for its malicious or negligent torts, however foreign they may be to the object of its creation, or beyond its granted powers. It may be sued for assault and battery, for fraud and deceit, for false imprisonment, for malicious prosecution, for nuisance and for libel." It is also expressly held in the following cases that an action for malicious prosecution can be maintained against a corporation: Copely v. Machine C0., 2 Woods, 494; Ricard v. Central Pamfic R. C0., 15 Nev. 167; Boogher v. Life Association of America. Vance v. Erie R'y 00., 32 N. J. 334; Williams v. Insurance Co., 57 Miss. 759; S. 0., 34 Am. Rep. 494; Walker v. R. R. 00., L. R., 5 C. P. 640; Carter v. Howe Machine Co., 51 Md. 290; s. c., 34 Am. Rep. 311; Fenian v. Machtne 00., 9 Phila. 189. In the case last above cited the subject is exhaustively considered, and the language of GIBSON, G. J., in the case of the Cumberland Valley R. Co. v. Baab, 9 Watts, 458, is approvingly quoted, where it is said: " That a corporation, in all cases within the scope of its legitimate functions, may act as a natural person may act, and the rule of corporate responsibility has kept even pace with the growth of their powers, and the enlargement of their spheres of action, not only in regard to the enforcement of contracts, but also in making them amenable...show more

Product details

  • Paperback | 344 pages
  • 189 x 246 x 18mm | 617g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236902424
  • 9781236902429