Married woman must sue alone for injury to her separate property, 29 Barb. N. Y. 512; especially after her husband's death. 37 N. H. 355.
The restrictions on her power to sue are the same as in actions ex contractu. Broom, Part. 233. Actions in which she might or must have joined her husband survive to her. Rolle, Abr. 349 (A).
Master has an action in tort for enticing away an apprentice, 3 Blackstone, Comm. 342 ; 3 Burr. 1345 ; 3 Maule & S. 191; and, upon the same principle, a, parent for a child, 1 Heist. N. J. 322 ; 4 Barnew. & C. 660 ; 4 Litt. Ky. 25, and for personal injury to his servant, for loss of time, expenses, etc. 8 Blackstone, Comm. 342.
For seduction or debauchery, a master, Broom, Part. 227 ; 4 Cow. N. Y. 422, and, if any service be shown, a parent, 2 Mees. & W. Exch. 542 ; 6 id. 56 ; 2 Term, 166, has his action.
Survivor, whether sole or several, must sue for a tortious injury, the rule being that the remedy, and not the right, survives, Broom, Part. 212 ; 1 Show. 188; Carth.170 ; 2 Maule & S. 225.
26. Tenants in common must sue strangers separately to recover land. 15 Johns. N. Y. 479 ; 1 Wend. N. Y. 380; 2 Caines, N. Y.169 ; 5 Hill, N. Y. 36, 234.
A tenant in common may sue his co-tenant, where there has been actual ouster, in eject ment, Littleton, 322; 1 Camph. 173 ; 11 East, 49 . Cowp. 217, or trespass quare clau sum, 7 Penn. St. 397, and trespass for mesne profits after recovery. 3 Wile. Ch. 118. Where there is a total destruction or conversion of the property, one tenant in common may sue his co-tenant in trespass, Coke, Litt. 200 a, b ; Croke Eliz. 157 ; 8 Barnew. & C. 257, or in trover. Selwyn, Nisi P. 1366 ; 1 Term, 658 ; 2 Ga. 73 ; 2 Johns. N. Y. 468 ; 3 id. 175 ; 9 Weud. N. Y. 338 21 id. 72; 6 Ired. No. C. 388. For a misfeasance, waste, or case in the nature of waste, may be brought.
Defendants.
The party committing the tortious act or asserting the adverse title is to be made de fendant: as, the wrongful occupant of land, in ejectment, 7 Term, 327 ; 1 Boa. & P. 573, the party converting, in trover, Broom, Part. 246,
making fraudulent representations. 3 Term, 56 ; 5 Bingh. N. c. 97 ; 3•Mees. & W. Exch. 532 ; 4 id. 337. The act may, however, have been done by the defendant's agent, 2 Mees. & W. Exch. 650, his mischievous animal, 12 Q. B. 29, or by the plaintiff himself, if acting with due care and suffering from the defend ant's negligence. 1.Q. B. 29 ; 3 Lev. 352 ; 1 Ld. Raym. 738 ; 10 Ill. 425.
Agents and principals, Story, Ag. 425 ; Paley, Ag. 294, are both liable for tortious act or negligence of the agent under the direction, 1 Sherwood, Blackst. Comm. 431, n., or in the regular course of employment, of the principal. 10 Ill. 425 ; 1 Metc. Mass. 550. See 2 Den. N. Y. 115 ; 5 id. 639. As to the agent of a corporation acting erroneously with out malice, see 1 East, 555.
Subsequent ratification is equivalent to prior authority. Broom, Part. 259.
Agents are liable to their principals for conversion. 14 Johns. N. Y. 128 ; 8 Penn. St. 442.
27. Assignees are liable only for torts com mitted by them: as, where one takes property from another who has possession unlawfully, Bacon, Abr. Actions ( B ), or continues a nuisance. 2 Salk. 460 ; 1 Boa. & P. 409.
Bankrupts, 3 Barnew. & Ald. 408 ; 2 Den. N. Y. 73, and insolvents, Broom, Part. 284 ; 2 Chitty, Bail, 222 ; 2 Barnew. & Ald. 407 ; 9 Johns. N. Y. 161 ; 10 id. 289 ; 14 id. 128, are liable even after a discharge, for torts com mitted previously.
Corporations are liable for torts committed by their agent:3, 7 Cow. N. Y. 485 ; 2 Wend. N. Y. 452 ; 17 Mass. 503 ; 4 Serg,. & R. Penn. 16 ; 9 id. 94 ; 2 Ark. 255 ; 4 Ohio, 500 ; 4 Wash. C. C.106 ; 5 Ind. 252; but not, it seems, at common law, in replevin, Kyd, Corp. 205, or trespass quare clausum. 9 Ohio, 31.
Death of a tort-feasor, at common law, takes away all cause of action for torte disconnected with contract. 5 Term, 651 ; 1 Saund. 291 e. But actions againat the personal repre sentatives are provided for by statute in most of the states, and in England by stet. 3 & 4 Will. IV. c. 42, 2.