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Articles 181 - 204 of 204
Full-Text Articles in Law
Negligence—Last Clear Chance—Emergency Rule, Gordon F. Crandall
Negligence—Last Clear Chance—Emergency Rule, Gordon F. Crandall
Washington Law Review
P was helping to push F's car out of a ditch and while standing beside the car he failed to see the approach of D's auto over the crest of a hill 250 feet behind him. D saw F's automobile partially blocking the road and tried to stop or avoid it, but his car went out of control, slid broadside down the slippery road and struck P, pinning him between the two cars as they collided. The trial court gave the jury an instruction on last clear chance, apparently for the reason that although D was unable to stop his …
Res Ipsa Loquitur: Application And Effect, Murray B. Guterson
Res Ipsa Loquitur: Application And Effect, Murray B. Guterson
Washington Law Review
The doctrine of res ipsa loquitur has played a significant role in eighteen cases' appealed to the Washington Supreme Court since 1938. Examination of these decisions will reveal that the doctrine of res ipsa is applied as circumstantial evidence at two stages of a negligence action, that its application is made in accordance with three court-made requisites as to the nature of the proof, and that it will be applied only in the event that the plaintiff in the trial court achieves the level of proof that is required for its application. It is the author's purpose to develop the …
Master And Servant—Liability Of Master For Injuries Inflicted By Incompetent Servant—Respondeat Superior And Original Negligence, Edward J. Mccormick Jr.
Master And Servant—Liability Of Master For Injuries Inflicted By Incompetent Servant—Respondeat Superior And Original Negligence, Edward J. Mccormick Jr.
Washington Law Review
The owner of an apartment house employed a manager who, in the exercise of his duties, employed a janitor. Thereafter, the janitor became drunk and assaulted a tenant. The trial court expressly found that this fact was communicated to the manager who nevertheless continued to employ the janitor. There was no express finding that any information concerning the dangerous propensities of the janitor was communicated to the owner. However, the trial court found generally that both the owner and manager were negligent in retaining, the janitor in "their employ." Shortly after the first assault the janitor assaulted P, also a …
The Unwelcome Involuntary Guest, John W. Williams, Robert Venable
The Unwelcome Involuntary Guest, John W. Williams, Robert Venable
Washington Law Review
The facts of the case are as spare and clean cut as though invented to raise its issue. Joyce Akins, sixteen, was invited by Robbie Hemphill to ride with him in his car; it was not until they had proceeded some way on their journey that she discovered he was intoxicated and driving in an incressingly reckless manner. Frightened, she demanded repeatedly to be let out; he heard, refused, increased his speed, and presently collided with the rear of another car to Joyce's severe and permanent injury. A general demurrer to her complaint was sustained and upon her refusal to …
Another Decade Under The Guest Statute, John W. Richards
Another Decade Under The Guest Statute, John W. Richards
Washington Law Review
In the nine years which have passed since the writer ventured to express in these pages his views on the Guest Statute, sixteen cases have been decided which deal either with the statute, with joint adventure, or with both. Some of these cases represent major changes in the field, and while no one would for a moment suggest that they have not been carefully noted by the profession there is nevertheless some hope, based not only on reading the opinions, but in some instances on the briefs which led to them, that it might be useful to revisit the topic …
Community Property And Tort Liability In Washington, Howard P. Pruzan
Community Property And Tort Liability In Washington, Howard P. Pruzan
Washington Law Review
Of no small proportions was the task faced by the judges of this state when the legislature saw fit to superunpose upon our background of common law a system of community property, a development of the civil law And nowhere are the difficulties of reconciling these two conflicting systems felt more acutely than in the field of tort liability. In addition to inherent difficulties there is the urge which constantly influences judges to circumvent existing law when it requires turning away a just claimant empty-handed (or, what amounts to the same thing, turning hun away with a judgment winch cannot …
The Attractive Nuisance Doctrine In Washington, L. R. Bonneville, Jr.
The Attractive Nuisance Doctrine In Washington, L. R. Bonneville, Jr.
Washington Law Review
It is here proposed to examine the cases in Washington wherein "attractive nuisance" has been discussed, for the purpose of determining the scope of the doctrine as it has been accepted in this state, and to point out the types of situations in which an unsuccessful attempt has been made to apply this rule, for the appellate court in this state has dealt with the doctrine primarily in a negative manner, i.e. has denied its applicability to most of the factual, situations in cases where the issue has been raised on appeal, which in itself illustrates that the bar of …
Recovery Of Damages For Private Nuisance, Lucile Lomen
Recovery Of Damages For Private Nuisance, Lucile Lomen
Washington Law Review
With a reversal of position amounting almost to defiance of precedent, the majority opinion in Powell v. Superior Portland Cement, Inc. denies damages for injury caused to respondent's premises by dust from appellant's plant at Concrete, Washington. The plant, in operation since 1908, is the main industry of the town, at least half of its residents being economically dependent upon the plant. Respondent, who had resided in Concrete since 1907, in 1934 purchased a home within three blocks of the cement plant, and lived therein until August 1938, when he left Concrete. The home, partially furnished, has been rented since …
Tort Liability Of Charitable Corporations, Nona B. Fumerton
Tort Liability Of Charitable Corporations, Nona B. Fumerton
Washington Law Review
The protective and friendly attitude with which the courts and legislatures have viewed charities is reflected in the rule of nonliability for torts committed by such eleemosynary institutions. The rationales for this exemption may be briefly classified into five main groups. The first and most all inclusive, is the trust fund doctrine based on an early English case and exemplified by the Massachusetts decisions. Under this theory a charitable institution can not be held liable for the negligence of servants and employees or administrative officials.Nor is the court concerned with the status of the plaintiff as beneficiary, employee or stranger. …
Notes On Presumptions, Judson F. Falknor
Notes On Presumptions, Judson F. Falknor
Washington Law Review
The opinion of the Supreme Court of Washington in Morris v. Chicago, Milwaukee, St. Paul & Pacific Railroad Company represents the most recent effort of the Washington court to bring order out of previously existing confusion in reference to the effect of the "presumption of due care" in the trial of wrongful death actions. The deceased was killed in a grade crossing collision between his truck and defendant's train. On the basis of disinterested testimony, the court first determined that, the presumption aside, the deceased was guilty of contributory negligence as a matter of law in failing to exercise reasonable …
The Washington Guest Statute, John W. Richards
The Washington Guest Statute, John W. Richards
Washington Law Review
The Washington Guest Statute has survived seven years, four legislative sessions and thirteen opinions comparatively unscathed, and while an appraisal of its results cannot be adequate without statistical information as to the actions which were not brought because of its provisions, it is at least possible, on the basis of this rather limited material and experience, to point out what has been done with it and what problems lie ahead. It is proposed to discuss two of the questions which it raises: The meaning of the term "invited guest or licensee without payment for such transportation," thereby regretfully but unavoidably …
The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
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
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 …
Physicians' And Hospitals' Liens On Tort Claims For Services Rendered Injurred Party, Anon
Physicians' And Hospitals' Liens On Tort Claims For Services Rendered Injurred Party, Anon
Washington Law Review
The 1937 session of the Washington Legislature added the medical and allied services to the selective groups whose compensation is protected in part by statutory liens. Chapter 69 of the laws of that session awards a lien to operators of hospitals, licensed nurses, practitioners, physicians and surgeons rendering service "for any person who has received a traumatic injury." The lien is upon "any claim, right of action and/or money to which such person is entitled against any tort feasor and/or insurer of such tort feasor". The amount of the lien is the "value" of the services, plus costs and such …
Defamation And Radio, Donald G. Graham
Defamation And Radio, Donald G. Graham
Washington Law Review
Radio has opened up a new and larger opportunity for defamation than has ever existed before. There are licensed today in the United States 683 broadcasting stations scattered throughout the country. Newspapers are fairly closely owned and do not open their columns generally to the public. Radio stations, on the other hand, broadcast the message not only of those who lease their facilities, but they also carry the messages of men of public affairs and public officials, for which unsponsored broadcasting they receive no commercial return. Speeches of a timely and informative nature delivered before an audience are frequently broadcast …
Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor
Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor
Washington Law Review
It is no doubt accurate to say that the bar of this state has heretofore assumed (and justifiably so, in view of prior decisions of the court) that, generally speaking, a specific charge of negligence (e.g. excessive speed) may not be established by proof of prior or similar acts of negligence, nor even by proof of customary or habitual negligence of the same sort. Consequently, the opinion of the Washington Supreme Court in Sheddy v. Inland Motor Freight, is of more than passing interest.
The Tort Liability Of Users Of Abandoned Property, James W. Johnston
The Tort Liability Of Users Of Abandoned Property, James W. Johnston
Washington Law Review
A question which from the standpoint of decisions is seemingly unique was raised in the case of Locke v. Pacific Telephone & Telegraph Co. et al, 78 Wash. Dec. 40, 33 Pac. (2d) 1077 (1934), concerning the liability of users of abandoned property The city of Seattle erected a pole in 1905 on a parking strip bordering one of its streets, for the purpose of carrying the wires of the city's light plant. In 1926 the city removed all of its wires from the pole, and shortly thereafter the defendant telephone company placed a single drop wire on the pole …
Gross Negligence, Frank L. Mechem, Lowell P. Mickelwait
Gross Negligence, Frank L. Mechem, Lowell P. Mickelwait
Washington Law Review
The rule is well established that the operator of an automobile owes an invited guest a duty to exercise reasonable care inits operation, and will be liable to the guest for ordinary negligence which causes injury to him. Nevertheless, a few jurisdictions have adopted the rule that gross negligence must be shown in order to hold the operator liable to his invited guest, or stated conversely, that only slight care is required of the operator of an automobile toward his invited guest.
The Action For Wrongful Death In Washington, Bryant Brady
The Action For Wrongful Death In Washington, Bryant Brady
Washington Law Review
The first statute giving a right of action for the death of a human being, Lord Campbell's Act was adopted in England in 1846. New York adopted a similar statute, a year later. At the present time all American jurisdictions have statutes conferring a right of action for wrongful death. These statutes differ widely in their terms, particularly as to the person authorized to bring the action, and as to those for whose benefit the action is prosecuted. The statutes, however, fall into two distinct classes. Statutes of the first and by far the larger group, following Lord Campbell's Act, …
Res Judicata As Between Joint Tort-Feasors, George D. Lantz
Res Judicata As Between Joint Tort-Feasors, George D. Lantz
Washington Law Review
In Snyder v. Marken, a negligence action between automobile owners growing out of a collision which resulted in injuries to a third person as well as to the plaintiffs, a judgment in the action by the third person was held unavailable as a defense, upon the ground that parties to a judgment are not bound by it in subsequent controversies between each other unless they were adversaries in the other action wherein the judgment was entered, that is, unless there were issues as between the co-defendants in that action.
Cases On Equity, By Walter Wheeler Cook (1926), C. M. Bishop
Cases On Equity, By Walter Wheeler Cook (1926), C. M. Bishop
Washington Law Review
No abstract provided.
The "But For" Rule In Washington, Gerald Arthur De Garmo
The "But For" Rule In Washington, Gerald Arthur De Garmo
Washington Law Review
The question of proximate cause is one which is of vital importance in determining where the liability for an act or omission shall fall. For this reason certain attempts have been made to set forth rules which should determine whether an act was the proximate cause of a particular result. The so-called "But For" rule for determining proximate cause is an outgrowth of this class of litigation and has been the cause of several interesting and apparently none too well reasoned cases, of which the famous "Bear Case" or Gilman v. Noyes is perhaps the best known. The true "But …
The Doctrine Of Joint Adventure In Automobile Law, Judson F. Falknor
The Doctrine Of Joint Adventure In Automobile Law, Judson F. Falknor
Washington Law Review
While there are, of course, many unusual and interesting questions relating to the law of automobiles and automobile actions, we all know that the majority of these cases are simply questions of facts. In the ordinary cases principles of law applicable to these facts are well understood, and yet occasionally we encounter a situation the solution of which under former presumably well-settled principles of negligence is not easy. It has been to meet these new and unusual situations which have resulted from the extensive use of automobiles that principles of law hitherto little known or little recognized have developed rapidly, …
The Right Of A Married Woman To Bring An Action For Damages For Personal Injuries Where The Husband Has Refused To Join, Edward Starin
The Right Of A Married Woman To Bring An Action For Damages For Personal Injuries Where The Husband Has Refused To Join, Edward Starin
Washington Law Review
One of the interesting developments in the law of community property has been the rule which declares that a married woman while living with her husband has no right to prosecute an action for personal injuries caused by the negligence of a third person without procuring her husband to join as a party plaintiff in the action. While, under the statute, the common law disabilities of a married woman are completely removed and while under the same statute the wife has the same right to appeal to the courts for redress for any unjust usurpation of her natural or property …