Law Commons^™

West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis

West Virginia Law Review

Judicial compensation for accidental injuries is grounded upon legal fault. Assessment of fault involves not only finding the facts concerning actions of the parties, but also evaluation of their conduct. Determination is made whether the behavior is justified and, consequently, does not give rise to recovery, or whether it should be condemned, thus serving as a basis for compensation. This, the ethical portion of the problem of negligence liability, is performed by comparing the actions of a party with those of a hypothetical person, the reasonable man of ordinary prudence, acting under similar circumstances. The infinite variety of fact patterns …

Tort Liability For Radiation Injuries, E. Blythe Stason

Vanderbilt Law Review

The discovery that atomic chain reaction will produce substantial quantities of heat together with highly radioactive by-products gives rise to anticipation of an entirely new technology and of many newlines of industrial, medical, and agricultural endeavor. In due course widespread use will be made of the potentialities of this new source of energy.At the same time the likelihood of personal and property injuries resulting from overexposure to radiation brings about a new hazard against which protection must be afforded so far as it is possible to do so. The health and safety codes that are now being formulated at national, …

Air Law - Imputed Negligence - Liability Of Airplane Owner For Negligence Of Pilot, George E. Lohr S.Ed.

Michigan Law Review

Plaintiff, passenger in an airplane owned by defendant as proprietor of the flight school and piloted by a flight trainee with defendant's permission, suffered injuries in a crash allegedly caused by the negligence of the pilot and brought this action against defendant owner to recover damages. The trial court sustained defendant's motion to dismiss the complaint. On appeal, held, reversed and remanded for new trial. If the allegations of negligence of the pilot are found to be true, defendant would be liable for plaintiff's injuries even though he was not in actual control of the airplane. The governing statutory …

Torts—Negligence—Prima Facie Case, Buffalo Law Review

Buffalo Law Review

Lubelfeld v. City of New York, 4 N.Y.2d 455, 176 N.Y.S.2d 302 (1958).

Torts—Action On Fraudulent Promise Not Barred By Statute Of Frauds, Buffalo Law Review

Buffalo Law Review

Channel Master Corp. v. Aluminium Limited Sales, Inc., 4 N.Y.2d 403, 176 N.Y.S.2d 259 (1958).

Torts—Negligence In Supervision Of Pupils During Recess, Buffalo Law Review

Buffalo Law Review

Decker v. Dundee Central School D istrict, 4 N.Y.2d 462, 176 N.Y.S.2d 307 (1958).

Torts—Liability Of State For Absence Of Highway Warning Signs, Buffalo Law Review

Buffalo Law Review

Hicks v. State, 4 N.Y.2d 1, 171 N.Y.S. 827 (1958).

Torts -- 1958 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The number of torts cases was somewhat less this year than in past years, being below the forty figure rather than above it. There were no particularly significant legal developments in the field. Perhaps the cases indicate, however, a developing fashion in automobile negligence actions. At least four of the cases seem to have been brought for whiplash injuries.'

Conflict Of Laws -- 1958 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The requirement of residence in the Tennessee divorce statutes'has been construed to mean domicile. Two cases during the Survey period raise the issue of domicile in this connection. In Bernardi v.Bernard is the question was whether a member of the armed services had acquired a domicile in the state...

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Torts.-In Schenk v. Gwaltney the court followed the usual rule of choice of law in torts cases. An automobile accident having happened in Indiana, the Indiana automobile guest statute was held to apply, though the court intimated that if the accident had occurred in Tennessee where there was no such …

Torts—Replevin—Unlawful Detention Of Property, Buffalo Law Review

Buffalo Law Review

Michalowski v. Ey, 4 N.Y.2d 277, 174 N.Y.S.2d 4 (1958).

Torts—Contributory Negligence Of Decedent In Wrongful Death Action, Buffalo Law Review

Buffalo Law Review

Fields v. City of New York, 4 N.Y.2d 334, 175 N.Y.S.2d 32 (1958).

Torts—Duty Of Property Owner To Licensee, Buffalo Law Review

Buffalo Law Review

Krause v. Alper, 4 N.Y.2d 518, 176 N.Y.S.2d 349 (1958).

Torts—Loss Of Consortium As Element Of Damages, Buffalo Law Review

Buffalo Law Review

Kronenbitter v. Washburn Wire Co., 4 N.Y.2d 524, 176 N.Y.S.2d 354 (1958).

Torts—Duty Of Employer To Provide Safe Premises For Employees, Buffalo Law Review

Buffalo Law Review

Zucchelli v. City Construction Co., 4 N.Y.2d 52, 172 N.Y.S.2d 139 (1958).

Torts—Prima Facie Tort, Buffalo Law Review

Buffalo Law Review

Brandt v. Winchell, 3 N.Y.2d 628, 170 N.Y.S.2d 828 (1958).

Agency--1958 Tennessee Survey, Edward R. Hayes

Vanderbilt Law Review

Establishing that Tortfeasor is a Servant of Defendant: Negligent operation of motor vehicles probably is the most prolific source of tort liability today. Within this area an important cause of litigation has been negligent operation by someone other than the owner of the vehicle. The initial common law approach to such cases was to hold the owner responsible if he himself were negligent, as by entrusting his car to a known incompetent driver, or if the negligent driver were the owner's servant acting within the course and scope of his employment.'

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In Smith v. Phillips a pick-up truck, registered …

Torts—Damages Recoverable For "Cancerophobia"' Caused By Negligence, Buffalo Law Review

Buffalo Law Review

Ferrara v. Galluchio, 5 N.Y.2d 16, 176 N.Y.S.2d 996 (1958).

Torts—Negligence—City Not Liable For Death Of Pedestrian Forced Into The Street By Sidewalk Obstruction, Buffalo Law Review

Buffalo Law Review

Morello v. Brookfield Construction Co., 4 N.Y.2d 83, 172 N.Y.S.2d 577 (1958).

Torts—Damage To Property From Surface Water Of Neighboring Lands, Buffalo Law Review

Buffalo Law Review

Kossoff v. Rathgeb-Walsh, Inc., 3 N.Y.2d 583, 170 N.Y.S.2d 789 (1958).

Torts—Statutory Liability Without Fault—Per Curiam, Buffalo Law Review

Buffalo Law Review

Smulczeski v. City Center of Music and Drama, 3 N.Y.2d 498, 169 N.Y.S.2d 1 (1957).

Torts—Unfair Business Competition, Buffalo Law Review

Buffalo Law Review

Town and Country House and Home Service v. Newberry, 3 N.Y.2d 554, 170 N.Y.S.2d 328 (1958).

Problems Under The Uniform Single Publication Act

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws In Insurance Coverage Of Interspousal Torts

Washington and Lee Law Review

No abstract provided.

Torts, Charles J. Mcmurchie

Washington Law Review

Covers cases on strict liability disguised in terms of negligence and on false imprisonment—arrest without a warrant in misdemeanor cases.

Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner

Michigan Law Review

Plaintiff, having fallen asleep at night at the side of a narrow dirt road, was run over by defendant's automobile. He alleged that defendant was negligent in operating a vehicle at an excessive speed without proper lights. Defendant pleaded that plaintiff was contributorily negligent by being asleep in the road, and plaintiff then replied that defendant had the last clear chance to avoid the injury. On appeal from a judgment of involuntary nonsuit, held, affirmed, three justices dissenting. The plaintiff, by falling asleep at the side or in the middle of the road, was contributorily negligent as a matter …

Torts--Landowner's Liability To Child Trespassers, D. L. Mcc.

West Virginia Law Review

No abstract provided.

The Inadequate Award In West Virginia, C. H. B. Jr.

West Virginia Law Review

No abstract provided.

Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T.

West Virginia Law Review

No abstract provided.

A Comment On The Law Of Torts, Luke K. Cooperrider

Michigan Law Review

The recently-published treatise by Professors Harper and James, The Law of Torts, which is the subject of this article is no routine publication. It is not a mere recasting in different language of an already familiar synthesis; nor is it the kind of book one keeps around for casual reference. It is, rather, a statement of a philosophy of tort liability which, by reason of its consonance with much of the currently vocal thought in the field, and by reason of the powers of analysis and expression that the authors have brought to bear, is almost certainly destined to …

Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer

Michigan Law Review

''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …