Excerpt from A Treatise on the Law of Negligence, Vol. 1 of 3 It must be conceded that, in a scientific Code of civil law, there would be no separate chapter on Negligence, The very first definition of negligence shows that a strictly scientific arrangement of the law would call for a statement of rights and duties, rather than of the facts which show neglect to perform those duties or to respect those rights. Nevertheless, a great mass of judicial decisions had clustered themselves under the general title of Negli gence, ...
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Excerpt from A Treatise on the Law of Negligence, Vol. 1 of 3 It must be conceded that, in a scientific Code of civil law, there would be no separate chapter on Negligence, The very first definition of negligence shows that a strictly scientific arrangement of the law would call for a statement of rights and duties, rather than of the facts which show neglect to perform those duties or to respect those rights. Nevertheless, a great mass of judicial decisions had clustered themselves under the general title of Negli gence, long before this or any other book had been planned under that title; and the number of such cases is constantly increasing. In the preparation of the various editions of this book, not less than forty thousand reported cases have been examined, nearly all of which had a direct bearing upon some question of negligence. After throwing out thou sands of these, as obsolete or repetitions, there remain cases in these volumes, over of which are from reports published within the last ten years. We leave others to estimate the vast number of unreported cases which must have been tried within the same period. It is manifest that there is an enormous and increasing amount of such litigation, and that it demands treatment as, practically, a separate department of the law. There is much lamentation over the continual increase of negligence suits; and the courts have sometimes expressed impatience with it. Indeed, it has become quite common for judges to state, as the ground of deci sions, the necessity of restricting litigation. Reduced to plain English, this means the necessity of compelling the great majority of men and women to submit to injustice. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... 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.
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