ON THE LAW OF REPARATION. BY JOHN GUTHRIE SMITH, ADVOCATE, AUTHOR OF A DIGEST OF THE POOR LAW,' ETC. EDINBURGH: T. & T. CLARK, LAW-BOOKSELLERS, GEORGE STREET. GLASGOW: JOHN SMITH AND SON. ABERDEEN: WYLLIE AND SON. MDCCCLXIV. CONTENTS. SECT. 1. Injuries caused by the Negligent Use of Real Property, Page 17, delete par. at a: comp. p. 342. Page 36, line 8 from foot, for pretiosieres, read pretiosiores. Page 53, Breach of Promise-Evidence of parties incompetent, 16 & 17 Page 63, line 16 from top, for ever, read once. Page 125, line 6 from top, for bankrupt's, read creditor's. Page 127, line 12 from foot, he is not entitled to suspend. Page 155, c-see also Morris v. Phillips, 26 Feb. 1864; Morton v. E. and G. Railway, 3 Feb. 1864. Page 431, line 14 from top, for owner's, read owners. Page 198, note d, for delictes read delictis. Page 232, line 9 from foot, delete who had. THE LAW OF REPARATION. CHAPTER I. OF THE ACTION OF DAMAGES. SECTION I.-General View of the SECTION III.-Persons Liable. IT is the natural right of every member of a community to use the faculties and energies of which he is possessed, with the utmost possible freedom compatible with the exercise of the like freedom by all the others (a). The sphere of every man's activity is limited by the obligation not to encroach on the sphere of his neighbour; and to preserve this just equilibrium is the main purpose of every system of civil jurisprudence. (a) Law is defined 'realis et personalis proportio hominis ad hominem quæ servata servat societatem.' A |