Page:Henry Osborn Taylor, A Treatise on the Law of Private Corporations (5th ed, 1905).djvu/329

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PART IV.] LIABILITY' FOR TORTS OF AGENTS. [§ 335. PART IV ? LIABILITY OF A CORPORATION FOR THE TORTS OF ITS AGENTS AND SERVANTS. Corporations liable like natural prin- cipals. Grounds of the principal's liability, § 335. An underlying principle. Applica- tion of the doctrines of ultra vires, §§ 336-338. Liability when corporation is under no special obligation to the injured person, § 339. Corporations also liable for torts on principles rendering them liable for contracts, § 340. Summary. Rules, § 341. First rule. Liability resting on agent's authority, § 342. Second rule. Liability resting on course of tort-feasor's employ- ment, §§ 343, 344. Third rule. Liability where tort causes violation of duty owed by the corporation, § 345. Violation of special obligation, § 346. Common carriers of passengers, §347. May make reasonable regulations, §348. Liability of carriers for negligence, §349. Carrier's fundamental obligations, §350. Modification of carrier's common law liability, §351. Carrier cannot stipulate against lia- bility for negligence, §§ 352-354. Carrier's liability for baggage, § 355. Limitations of carrier's liability in amount, § 356. Telegraph companies, § 357. Evidence of assent to limitations of carrier's liability, §§ 358, 359. When carrier's liability begins and ceases, § 360. Delay in transportation, § 361. Carrier's liability for losses on con- necting lines, §5 362-364. Corporation's liability for injuries to employes, §§ 365, 366. Liability of corporation where it owes no special duty, § 367. Railroad companies, §§ 368, 369. Liability when lessened, § 370. Trespassers, §§ 371, 372. Contributory negligence, §§ 373-375 Burden of proof, § 376. Damages recoverable. Exemplary damages, §§ 377, 378. § 335. It may be stated as a general rule that corporations ' 1 It is to be understood that the I different. (Compare ante, §315.) The following sections have in view only following frequently-cited, general private corporations formed for bus- statement is from the opinion of the iness purposes. The liability in tort New York Court of Appeals, through of municipal corporations is quite ' Judge Folger, in Maxmilian v. Mayor, 309