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Negligence-Causation-Intervening Cause, Herbert E. Phillipson, Jr.
Negligence-Causation-Intervening Cause, Herbert E. Phillipson, Jr.
Michigan Law Review
Plaintiff alleged that while driving on a two-lane highway, he was overtaken by defendant, who attempted to pass against oncoming traffic and forced plaintiff to tum right in an effort to leave the highway. At that point, a passenger in plaintiff's car seized the steering wheel, causing the car to travel left across the highway without collision and then overturn, injuring plaintiff. Held, demurrer to complaint sustained. The passenger's act was not foreseeable, was not the normal response to the situation created by the defendant, and was so extraordinary as to be an efficient intervening cause. Robinson v. Butler …
Negligence-Res Ipsa Loquitur-Applicability To Airplane Crashes, Karl R. Ross
Negligence-Res Ipsa Loquitur-Applicability To Airplane Crashes, Karl R. Ross
Michigan Law Review
In an action for the wrongful death of an airplane passenger killed in a crash of a commercial airliner, plaintiff relied upon specific acts of negligence and the doctrine of res ipsa loquitur. Defendant moved to strike from the complaint all allegations pertaining to res ipsa loquitur, on the ground that the doctrine did not apply to airplane crashes. Held, motion denied. Smith v. Pennsylvania Central Airline Corp., (D.C. D.C. 1948) 76 F. Supp. 940.
Libel And Slander-Radio Defamation-Liability Of Broadcasting Company For Defamatory Statements Made Over Its Facilities, Albert B. Perlin, Jr. S. Ed.
Libel And Slander-Radio Defamation-Liability Of Broadcasting Company For Defamatory Statements Made Over Its Facilities, Albert B. Perlin, Jr. S. Ed.
Michigan Law Review
During a radio program, a lessee of broadcasting facilities read previously prepared statements regarding a public official which were defamatory per se. In an action for defamation against the broadcasting company, defendant attacked the complaint as insufficient in failing to allege negligence. Held, the allegation of negligence is essential, but the complaint was sufficient. Kelly v. Hoffman, (N.J. 1948) 61 A. (2d) 143.