Tort

Wrong; injury; the opposite of right So called, according to Lord Coke, because it is wrested, or crooked, being contrary to that which is right and straight. Co.. Litt 158b. In modern practice, tort is constantly used as an English word to denote a wrong or wrongful act, for which an action will lie, as distinguished from a contract. 3 Bl. Comm. 117. A tort is a legal wrong committed upon the person or property Independent of contract. It may be either
(1) a direct invasion of some legal right of the individual;
(2) the infraction of some public duty by which special damage accrues to the individual;
(3) the violation of some private obligation by which like damage accrues to the individual. In the former case, no special damage is necessary to entitle the party to recover. In the two latter cases, such damage is necessary. Code Ga. 1882, § 2951. And see Hayes v. Insurance Co., 125 111. 626, 18 N. E. 322, 1 In R. A. 303 ; Railway Co. v. Hennegan, 33 Tex. Civ. App. 314, 76 S. W. 453; Mumford v. Wright, 12 Co.lo. App. 214, 55 Pac. 744; Tomlin v. Hildreth, 65 N. J. Law, 438, 47 Atl. 649; Merrill v. St Louis, S3 Mo. 255, 53 Am. Rep. 576; Deiming v. State, 123 CaJ. 316, 55 Pac. 1000; Shirk v. Mitchell, 137 Ind. 185, 36 N. E. 850; Western Union Tel. Co. v. Taylor, 84 Ga. 408, 11 S. E. 396, 8 In In A. 189; Rich v. Railroad Co., 87 N. Y. 390.

— Maritime tort. See Maritime.

— Personal tort. One involving or consisting in an injury to the person or to the reputation or feelings, as distinguished from an injury or damage to real or personal property, called a "property tort." See Mumford v. Wright, 12 Colo. App. 214, 55 Pac. 744.
—Quasi tort, though not a recognized term of English law, may be conveniently used in those cases where a man who has not committed a tort is liable as if he had. Thus, a master is liable for wrongful acts done by his servant in the course of his employment. Broom, Com. Law, 690; Underh. Torts, 29.