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Articles 1 - 30 of 70
Full-Text Articles in Law
Torts--A New Test For Proximate Cause?, Robert William Burk Jr.
Torts--A New Test For Proximate Cause?, Robert William Burk Jr.
West Virginia Law Review
No abstract provided.
Conflict Of Laws-Torts-Application Of Whole Law, Including Choice-Of-Law Rules, Of State Of Negligent Act Under Federal Tort Claims Act, Byron Bronston S.Ed
Conflict Of Laws-Torts-Application Of Whole Law, Including Choice-Of-Law Rules, Of State Of Negligent Act Under Federal Tort Claims Act, Byron Bronston S.Ed
Michigan Law Review
Representatives of passengers killed in an airplane crash in Missouri, due in part to the alleged negligence of government personnel in failing to enforce certain regulations of the Civil Aeronautics Act at an American Airlines' overhaul depot in Oklahoma, sued the United States under the Federal Tort Claims Act in the Federal District Court for the Northern District of Oklahoma. 28 U.S.C. § 1346(b) (1958), section 410(a) of the Tort Claims Act of 1946, provides that the Government shall be liable for the tortious conduct of its employees, "under circumstances where the United States, if a private person, would be …
Torts—Exemplary Damages Awarded In Fraud And Deceit Action, James P. Manak
Torts—Exemplary Damages Awarded In Fraud And Deceit Action, James P. Manak
Buffalo Law Review
Walker v. Sheldon, 10 N.Y.2d 401, 179 N.E.2d 497, 223 N.Y.S.2d 488 (1961).
Torts—Gymnasium’S Contractual Disclaimer Of Liability For Negligence Given Effect, John O. Delamater
Torts—Gymnasium’S Contractual Disclaimer Of Liability For Negligence Given Effect, John O. Delamater
Buffalo Law Review
Ciofalo v. Vic Tanney Gyms, Inc., 10 N.Y.2d 294, 177 N.E.2d 925, 220 N.Y.S.2d 962 (1961).
Torts—Contractor Held Actively Negligent As A Matter Of Law And Not Entitled To Indemnification From Sub-Contractor, Rosario J. Dilorenzo
Torts—Contractor Held Actively Negligent As A Matter Of Law And Not Entitled To Indemnification From Sub-Contractor, Rosario J. Dilorenzo
Buffalo Law Review
Colon v. Board of Educ., 11 N.Y.2d 446, 184 N.E.2d 294, 230 N.Y.S.2d 697 (1962).
Torts—Gratuitous Medical Aid Not Compensable As Tort Damages, Marion A. Kobes
Torts—Gratuitous Medical Aid Not Compensable As Tort Damages, Marion A. Kobes
Buffalo Law Review
Coyne v. Campbell, 11 N.Y.2d 372, 183 N.E.2d 891, 230 N.Y.S.2d 1 (1962).
Defamation And The Right Of Privacy, John W. Wade, Dean
Defamation And The Right Of Privacy, John W. Wade, Dean
Vanderbilt Law Review
The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. Professor Street summarizes this history by declaring that there was "a perversion of evolutionary processes," with the result that there was produced "a rather heterogeneous pile which should normally have gone to form a consistent body of legal doctrine, but which on the contrary, comprises many disconnected fragments moving in a confused way under the impulse of …
Retraction Statutes: A Change In The Law Of Libel
Retraction Statutes: A Change In The Law Of Libel
Washington and Lee Law Review
No abstract provided.
Liability Of Land Possessor To Social Guest
Liability Of Land Possessor To Social Guest
Washington and Lee Law Review
No abstract provided.
Equitable Protection By Injunction For Business Reputation
Equitable Protection By Injunction For Business Reputation
Washington and Lee Law Review
No abstract provided.
Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr.
Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr.
Washington Law Review
Prior to the appearance of Farrar v. Tribune Publishing Co., it appeared reasonably clear that in defamation actions, evidence of the defendant's malice or good faith was not admissible for the purpose of enhancing or mitigating damages. Since malice is not an essential element of civil libel or slander, evidence of malice was considered immaterial and hence inadmissible under the Washington rule prohibiting punitive or exemplary damages. The actual malice of the defendant was considered relevant only in those actions which involved overcoming a qualified privilege. Farrar seems to have changed or at least obscured the clarity of these rules.
Torts—Interspousal Actions—Personal Torts, Richard H. Williams
Torts—Interspousal Actions—Personal Torts, Richard H. Williams
Washington Law Review
In Goode v. Martinis, the Washington Supreme Court held that a wife has a cause of action in tort for an assault committed upon her by her husband while the parties are legally separated and divorce proceedings are pending. While restricting its holdings to the particular facts, the court rejected the rationale advanced in favor of the common law doctrine of spousal disability.
Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople
Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople
Washington Law Review
In Murk v. Aronsen the Washington Supreme Court had occasion to consider a landowner's tort liability where work is placed under the control of an independent contractor. In a 5-to-4 decision the court held that an owner is not liable to a contractor's servant injured by the negligence of a contractor who has control of the premises. By its decision the court has reaffirmed its earlier position, despite a trend toward expanding the exceptions to the rule of non-liability for torts of independent contractors.
Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher
Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher
Washington Law Review
Since their development by the English court in Indermaur v. Dames, the categories of trespasser, licensee and invitee have played a significant role in the law of torts. Though they were founded upon nineteenth century notions of liability, and reflect an age which had not yet discarded the feudal principles of landowner's sovereignty, these distinctions have persisted, plaguing courts and litigants alike. While other archaic rules have fallen before the demands of our industrial complex and rising social consciousness, these classifications have endured. Since few valid reasons can be given for their longevity, the distinctions are slowly losing standing under …
Torts—Recovery For Suicide—Wrongful Death, Hartley Paul
Torts—Recovery For Suicide—Wrongful Death, Hartley Paul
Washington Law Review
The Washington Supreme Court, by a 5-to-4 decision in Orcutt v. Spokane County, made possible recovery by wrongful death action for negligent conduct resulting in suicide.
Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer
Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer
Washington Law Review
In Miller v. Staton, the members of the Washington Supreme Court disagree on how properly to apply the general rule that a tavernkeeper "owes the duty to his guests to exercise reasonable care to protect them from injury at the hands of a fellow guest."
Permanent Injury: General Or Special Damage, Nick George Zegrea
Permanent Injury: General Or Special Damage, Nick George Zegrea
West Virginia Law Review
With the recent adoption of the West Virginia Rules of Civil Procedure, the function of the pleadings in an action is to give notice. Formulation of the issues for trial is now left largely to deposition and discovery practice under Rules 26 through 37, and pre-trial conferences under Rule 16. An exception to this concept of notice-pleading is Rule 9, which requires that some items be pleaded specially. The scope of this note is to examine one subdivision of the rule: "special damage." In particular, the examination of this subdivision will be directed to the inquiry of whether a permanent …
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Torts--Malpractice--Wrongful Death Action Based On Breach Of Contract, Ralph Charles Dusic Jr.
Torts--Malpractice--Wrongful Death Action Based On Breach Of Contract, Ralph Charles Dusic Jr.
West Virginia Law Review
No abstract provided.
Agency -- 1961 Tennessee Survey (Ii), W. Harold Bigham
Agency -- 1961 Tennessee Survey (Ii), W. Harold Bigham
Vanderbilt Law Review
I. Employee and Independent Contractor Distinguished
During the abbreviated survey period there were no significant or momentous decisions by Tennessee courts--state or federal--involving agency principles. Indeed the only state appellate case properly to be considered here involved the rather pedestrian question of whether a petitioner for workmen's compensation benefits was, vis-a-vis the defendant prime contractor, an employee or an independent contractor.
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II. Misrepresentations of Agent
Butts v. Colonial Refrigerated Transportation, Inc. is merely another example of the Sixth Circuit's unfortunate proclivity for writing per curiam affirmances. It is well-nigh impossible to determine whether the liability of the defendant which …
Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham
Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham
Vanderbilt Law Review
Jurisdiction of courts over foreign corporations is a developing subject. Almost all aspects of it are touched on by decision or discussion in two cases in different courts and under different statutes; one case was in the Supreme Court of Tennessee, the other in the United States district court.
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Tucker v. International Salt Co. was an action in a state court in contract and quasi-contract against a Pennsylvania corporation.
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Shuler v. Wood was an action in tort in the United States District Court for the Eastern District of Tennessee against two Pennsylvania corporations.
Torts -- 1961 Tennessee Survey (Ii), John W. Wade
Torts -- 1961 Tennessee Survey (Ii), John W. Wade
Vanderbilt Law Review
The twenty tort cases decided during the shorter survey period this year all involved negligence actions.' Most of the cases involved the application of established rules or standards to new fact situations, some of them being fairly routine. Only two cases were of striking significance.
Discovery Of Liability Insurance Under New Rules, William Erwin Barr
Discovery Of Liability Insurance Under New Rules, William Erwin Barr
West Virginia Law Review
No abstract provided.
Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook
Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook
West Virginia Law Review
No abstract provided.
The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis
The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis
Michigan Law Review
When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …
The Thrust Of Tort Law Part Iii: The Scientific Environment, Leon Green
The Thrust Of Tort Law Part Iii: The Scientific Environment, Leon Green
West Virginia Law Review
No abstract provided.
Torts--Parent And Child--Parent Liability For Tort Of Child Where Parent Negligent In Failing To Restrain Child, David Mayer Katz
Torts--Parent And Child--Parent Liability For Tort Of Child Where Parent Negligent In Failing To Restrain Child, David Mayer Katz
West Virginia Law Review
No abstract provided.
Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele
Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele
West Virginia Law Review
No abstract provided.
Heart Disease And The Law: The Legal Basis For Awards In Cardiac Cases, By Harold F. Mcniece, Ivan C. Rutledge
Heart Disease And The Law: The Legal Basis For Awards In Cardiac Cases, By Harold F. Mcniece, Ivan C. Rutledge
Indiana Law Journal
No abstract provided.
Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis
Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis
Michigan Law Review
Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …