BAIL; ARREST. Torts may also be committed by or against parties mutually related by a joint interest, including corporations. Hil liard, Torts,.Toint Torts, and subsequent chap ters. Torts may also be coin mitted in case of the private relations of master and servant, hus band and wife, parent and child, bailor and bailee, landlord and tenant, mortgagor and mortgagee. See these several titles. Hilliard, Torts, Master and Servant, and subsequent chapters.
7. The liability to make reparation for an injury rests upon an original moral duty. 3 Ohio St. 172. And an action on the case lies, in general, where one man sustains an injury by the misconduct or negligence of another for which the law has provided no other adequate remedy. 20 Vt. 151.
But to justify an action there must be a loss as well as a wrong: damnum absque in juria, and injuria absque damno, are alike regarded as beyond the reach of legal redress. But in a variety of cases, a wrong being proved, consequent damage will be presumed. 1 Hilliard, Torts, 82 ; 36 Me. 322; Broom, Comm. 76 ; 16 Pick. Mass. 64 ; 1 Gray, Mass. 186; 2 Ld. Raym. 948.
In order to maintain an action, the relation of cause and effect must be shown between the act and the injury, 12 Barb. N. Y. 657.; and the damage must not be remote or indi rect, 11 Mete. Mass. 260: although every person who does a wrong is responsible for all the mischievous consequences that may reasonably be expected to result under ordi nary circumstances for such misconduct. 5 Exch. 243. And while tres.pass vi et armis is the remedy for immediate injuries, trespass on the case is also provided for indirect or consequent injuries. 2 Greenleaf, Ev. 224; 1 Chitty, Plead. 115-120 ; 17 Ill. 580.
S. In general, courts can enforce only local obligations and redress injuries to local rights. 12 La. Ann. 255. Hence the legality or illegality of an act may sometimes deter mine whether it is to be viewed as a tort. In
g.eneral, if a:party in the exercise of a legal right, more especially if conferred by express statute, does an injury to another's property, he is not liable for damages unless caused by the want of ordinary care and skill. 24 Miss. 93 ; 2 Stockt. N. J.352. And this con sideration may affect the form of action, it being generally held that where a,n act is lawful, and merely the consequences of it injurious, the proper form of action is tres pass on the case. 1 Strange, 634.
In general, no right of action can arise from an illegal transaction. 11 Cush. Mass. 322 ; 10 Metc. Mass. 363 12 id. 24 ; 2 Conn. 13, 501 ; 9 J. B. Moore, '586. But the rule has been held not to interfere with the right of property even in articles the sale of which is forbidden by law. 1 Gray, Mass. 1 ; 20 N. H. 181. A party may be debarred from an action by a license, by estoppel, or by a waiver. 8 Mete. Mass. 34 ; 7 Bingb. 682 ; 10 Ad. & E. 90 ; 18 Barb. N. Y. 599 ; 7 Watts, Penn 337 ; 19 Ala. x. s. 252.
9. In general, a party injured cannot maintain an action for the injury if caused in any degree by his own neglect or wrong. 1 Hilliard, Torts, c. 4 ; 6 Hill, N. Y. 592 ; 0 Md. 160; 19 Conn. 507 ; 4 Zabr. N. J. 824; 35 Me. 422 ; 3 C. B. 1. Various and nice distinctions, however, are made upon this general subject, involving the degree of neglect or wrong on the part of the plaintiff, which will debar him from maintaining an action, and its nature, as being the proximate or only the remote cause of injury. 16 Penn. St. 463; 5 Du. N. Y. 21 ; 12 C. B. 742 ; 16 id. 179 ; 2 Taunt. 314 ; 11 Cush. Mass. 364 ; 3 Mees. & W. Exch. 248 ; 6 Ind. 82 ; 1 Den. N. Y. 91. In general, the whole question is for tho jury. 19 Conn. 566 • 28 Eng. L. & Eq. 48 ; 30 id. 473 ; 3 Mann. &G. 59 ; 12 Ad. & E. 439 ; 16 Ill. 277 ; 7 Mete. Mass. 274.