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The Law of Torts PDF
By:Francis Marion Burdick
Published on 2012-05 by Rarebooksclub.com

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: the battery and loss of the service, because the servant dying of the extremity of the battery it is now become an offense to the crown, being converted into a felony, and that drowns the particular offense and private wrong offered to the master before, and his action is thereby lost. 3 From this time on we find dicta in judicial opinions, in digests, and in text-books to the effect, that when an act constitutes a felony as well as a tort, the tort is merged in the felony. There is no express decision of an English Court enforcing this doctrine, however, and after undergoing several modifications,6 it seems, if not altogether exploded, to be only awaiting a decisive abrogation in England.7 Same in America. It has never received judicial sanction in this country,8 although judges have shown readiness to adopt a modification of the doctrine, viz. that all civil remedies in favor of a party injured by a felony are suspended until after the termination of a criminal prosecution against the offender. They rested their decisions upon considerations of public policy, asserting that the public good requires that offenders should be brought to justice; and if a civil remedy in favor of a party injured, is postponed until a public prosecution has terminated, he will be stimulated to effect this as soon as possible.18 These reasons have not met ' According to the reports of this case in Noy. 13 and 2 Rolle's Abridg. 575, the only point decided was that an action of trespass for causing the death of plaintiff's wife, could not be maintained by the husband after her death, the cause of action having died with her. See Lord Blackburn's historical sketch of the doctrine: Wells v. Abrahams, L. R. 7 Q. B. 554, 560- 563 (1876). 'Pollock On Torts, (6th Ed.) 198. 'As earl...

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