Excerpt from Illustrative Cases in Torts: With Analysis and Citations Testing the case under consideration by this rule, it appears to me the decision Of the learned Judge at the circuit was correct. Here was no common-law liability independently Of what arose out Of the contract; and of course no duty founded upon the common law alone. The obligation of the defendant rested entirely upon contract. He was hired as a laborer by the plaintiff, to take charge of her farm Upon certain terms and conditions specified in the written instrument; and, for aught I can see, if She can leave the contract, and maintain an action Of tort for negligence in the performance of it, there is no case of hire for service in Which the same thing may not be done. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.