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Published online by Cambridge University Press: 04 May 2017
It is not too much to say that the municipal law of every civilized state recognizes certain rights as belonging to every individual, including the right to property, the violation of which constitutes a tort. Municipal law also very generally recognizes certain duties as attached to every individual the breach of which, coupled with consequent damages to another, is a tort. Thus, a tort is sometimes defined as a private or civil wrong or injury, and sometimes as the breach of a legal duty.
1 Bl. Com., Ch. VIII, p. 123.
2 J See Cooley, Torts, 376; 2 Ex. (England) 167.
3 101 U. S. 341.
4 Lloyd's Prize Cases, 62 (1916).
5 See Robinson v. Harman, (England) Ex. 950; Griffin v. Colver, 16 N. Y. 489.
6 Sedgwick on Damages, Vol. I, Sec. 30, citing Baker v. Drake, 53 N. Y. 211, Am. Rep. 507.
7 Ibid., Vol. II, Sec. 247, and authorities cited, particularly Wallingford v. Kaiser, 84 N.J3. 295, 191 N. Y. 392.
8 See Second Report, U. S. Shipping Board, p. 51.
9 Diplomatic Correspondence between the United States and Belligerent Governments Relating to Neutral Rights and Commerce, Special Supplement to the American Journal of International Law Vol. 9, July, 1915.
