General Part, Illustrations. (11)

1. B. is a schoolmaster. A. sets up a new school in the same village which attracts scholars from B.’s school and so diminishes B.’s profits. A. has not wronged B..

2. The facts being otherwise as in the last illustration, A. procures C. to waylay the children going to B.’s school and intimidate them so that they cease to go there. Both A. and C. have wronged B., for A. may not attract scholars from B.’s school to his own by unlawful means.

3. A. is driving at an ordinary pace along a road. B. is a foot-passenger walking by the side of the road. A splash of mud from the wheel of A.’s carriage goes into B.’s eye and injures it. A. has not wronged B..

4. A. and B. are adjacent landowners. A. digs a deep well on his land to obtain water supply for agricultural purposes. This digging intercepts underground waters which have hitherto supplied wells on B.’s land by percolation, and B.’s wells are dried up. A. has not wronged B..

[5. The facts mentioned in the last illustration having happened, B. supplies himself with water otherwise, but afterwards, not in order to obtain water, but in order to be revenged on A., B. digs a still deeper well on his own land, and thereby intentionally cuts off the supply of water to A.’s well. Here B. has wronged A., for he has used his own land not for any lawful purpose, but only for the unlawful purpose of doing wilful harm to A..]

6. A. is the superintendent of marine at Calcutta. B. is the owner of a tug. The captain of B.’s tug having refused to tow a Queen’s ship except on terms which A., in good faith, thinks exorbitant, A. issues an order prohibiting officers of the pilot service from allowing B.’s tug to take in tow any ship of which they have charge, and B. thereby loses employment and profits. A. has not wronged B., for the order is an exercise of his lawful discretion as to the manner in which a public duty is to be performed by persons under his direction.

Harm from voluntary exposure to risk.23. A person is not wronged who suffers accidental harm or loss through a risk naturally incident to the doing, by any other person, of a thing to the doing of which the first-mentioned person has consented, or at the doing of which he is voluntarily present.