Principles of Contract At Law And in Equity; a Treatise On the General Principles Concerning the Validity of Agreements in the Law of England And America

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J.
Mayor of London (1875) 1 C. P. D. Q. B. 23.
1 45 L J C. P. 213, in C. A. chiefly (g) Ex parte Swansea Friendly ok other grounds, 5 C. P. Div. 494; Society (1879) 11 Ch. D. 768, 48 L. J.
affirmed on this point in the House Ch. 577.
of Lords, 6 App. Ca. 393. [State v. (h) Difficulties, formal and ma- Railroad Co., 23 Ind. 362; State v. terial, which used to be entertained 3 "An action may be maintained against a corporation for its malicious or negligent torts, however foreign they may be to t
...he object of its creation or beyond its granted powers. It may be sued for assault and battery, for 9 130 CAPACITY OF PARTIES.
versely it may sue in its corporate capacity for a libel reflecting on the management of its business* (i). And the same principle is extended to make it generally subject to all liabilities incidental to its corporate existence and acts, though the remedy may be in form ex delicto or even criminal.
Indictable in some cases. Although it cannot commit a real crime, " it may be guilty as a body corporate of commanding acts to be done to the nuisance of the community at large," and may be indicted for a nuisance produced by the execution of its works or conduct of its business in an improper or unauthorized manner, as for ob- structing a highway or navigable river (fc).


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