Is negligence an independent tort applicable to other torts?

37 But negligence is not only an independent tort; it is also a state of mind applicable to other torts, including trespass. A trespass may be either intentional or negligent. In some cases, an incident may be a matter of negligence understood either as its own tort or as a state of mind. As a result, the line between negligence and trespass can become blurred. This blurring has been evident, for example, in automobile accident cases, which today are always considered to fall under the rubric of negligence, but historically sounded in battery. Although the quality of the acts in car accident cases may technically qualify as a tort of trespass, negligence is the true nature of the allegation. See, for example Eisener v. Maxwell, 1951 CanLII 321 (NS CA), [1951] 3 D.L.R. 345 (N.S.S.C.).