DeNike v. Mowery

This appeal precipitates a confrontation between two apparently applicable principles of tort law, and necessitates either an accommodation of the two rules or a choice of one or the other. The first principle — and the one which ultimately prevails by virtue of the decision herein — is fundamental in the sense that it relates to the function of the law of torts. It is somewhat difficult to articulate, but may be stated in the following manner:

Arising out of the various and ever-increasing clashes of the activities of persons living in a common society, carrying on business in competition…