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University of Washington School of Law

Journal

1938

Articles 1 - 2 of 2

Full-Text Articles in Law

The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff Jul 1938

The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff

Washington Law Review

Under the doctrine of res ipsa loquitur, where proof is made that an injury occurred under certain circumstances, negligence will be presumed from those circumstances. It is the purpose of this comment to discuss the doctrine as it exists in Washington from the standpoint of: (1) Under what circumstances will the doctrine be applied; (2) What effect will be given to the doctrine when it is applied; and (3) Will the applicability of the doctrine be affected by the plaintiff's pleading and attempting to prove specific acts of negligence.


Recovery For Injury Without Impact: The Washington Cases, John W. Richards Jan 1938

Recovery For Injury Without Impact: The Washington Cases, John W. Richards

Washington Law Review

It is fifty years, almost to a day, since the problem of liability for physical injuries to the plaintiff, caused not by impact but by fright or shock induced by defendant's negligent conduct, made its nearly simultaneous appearance in England and the United States. Both the House of Lords and the Supreme Court of New York disposed of it by denying liability; both stressed the lack of precedent as the basis for decision. Since then, precedents have come in plenty, and while many of the states still deny an action, the majority in which the question has arisen, supported by …