tort

A wrong. Hayes v Massachusetts Mut. Life Ins. Co. 125 111 626, 18 NE 322. A wrong independent of contract. International Ocean Tel. Co. v Saunders, 32 Fla 434, 14 So 148. A breach of duty which the law, as distinguished from a mere contract, has imposed. Western Union Tel. Co. v Taylor, 84 Ga 408, 11 SE 396. An injury or wrong committed, either with or without force, to the person or property of another. Such injury may arise by the nonfeasance, by the malfeasance, or by the misfeasance of the wrongdoer. Gindele v Corrigan, 129 111 582, 22 NE 516. In a general way, a tort is distinguished from a breach of contract in that the latter arises under an agreement of the parties, whereas the tort, ordinarily, is a violation of a duty fixed by law, independent of contract or the will of the parties, although it may sometimes have relation to obligations growing out of, or coincident with a contract, and frequently the same facts will sustain either class of action. Busch v Interborough Rapid Transit Co. 187 NY 388, 80 NE 197. Although the same act may constitute both a crime and a tort, the crime is an offense against the public pursued by the sovereign, while the tort is a private injury which is pursued by the injured party. 52 Am J1st Torts § 2.