ON THE LAW OF TRESPASS IN THE TWOFOLD ASPECT OF THE WRONG AND THE REMEDY. BY THOMAS W. WATERMAN, COUNSELLOR AT LAW. IN TWO VOLUMES. VOLUME I. NEW YORK: BAKER, VOORHIS & CO., PUBLISHERS, 66 NASSAU STREET. 1875. Entered according to the Act of Congress, in the year 1875, by THOMAS W. WATERMAN, In the Office of the Librarian of Congress, at Washington. BAKER & GODWIN, PRINTERS, No. 25 Park Row, New York. PREFACE. THE accumulation of legal decisions has naturally led to the multiplication of treatises on special subjects of the law, until the treatment in separate works of at least the more prominent topics has gradually come to be regarded not only as a very great convenience, but an absolute necessity. Among the invasions of private right, trespass is conspicuous for frequency of occurrence and universality of application. The variety of important questions arising from it is shown by the numerous reported cases dating from the earliest period, and continuing uninterruptedly to the present time. The desirability of the separate and independent consideration of a subject which is at the same time so practical and so extensive, is apparent. But strange to say, this fruitful field has hitherto not been explored by any legal writer excepting in connection with, and as a branch of, some other general topic. The following pages, designed to supply a want which every member of the bar in active practice must have more or less felt, are the result of several years of diligent labor. The plan adopted by the author at the outset, to which he steadily adhered, necessarily involved protracted toil. It was, to eschew, with few exceptions, all books of reference but law reports; to aim at the careful reading of every reported decision; and finally, to adopt his conclusions only after a systematic and patient study and comparison of the cases, commencing with the earliest adjudications, and following the stream of judicial exposition down to the latest. The extent of his researches, which however inadequately performed have been conscientiously prosecuted, will appear from the number of citations. The work, which is in two volumes, consists of four books: 1st. Trespass in general; 2d. Trespass to the person; 3d. Trespass in relation to personal property; and 4th. Trespass on real estate. The scope of these several books, which as a whole are intended to embrace every species of trespass known to the law, is sufficiently indicated by their titles. As there is a full analysis of each chapter, 1 and the text is divided into sections which are interchangeably referred to, it is hoped that the facilities for investigation will be found ample. Volume one being mainly devoted to trespass to the person and personal property, and volume two exclusively to trespass on real estate, it seemed proper and desirable that each volume, presenting as it does questions which in a certain sense are wholly distinct, should be rendered complete in itself, and each has accordingly been supplied with a full index, table of contents, and table of cases. With regard to the treatment of the subject, it may be observed, that legal propositions are seldom left for support to the mere citation of authorities, but are generally enforced and illustrated by examples, which enables the reader to judge how far the decisions sustain the inferences sought to be derived from them. In the statement of cases as much brevity has been employed as seemed consistent with a full understanding of the points discussed; a concise narrative of facts being first given, and then the substance of the decision. Additional examples in further illustration of the text, and also the details of some of the more important cases, will be found in the notes. The citations have been carefully verified. The author submits the result of his labors to the indulgent consideration of his legal brethren. BINGHAMTON, N. Y., March, 1875. |