Law Commons^™

Federal Courts--Jurisdiction Of Trespass And False Imprisonment, J. W. P.

West Virginia Law Review

No abstract provided.

Negligence--Distinction Between Proximate Cause And Condition, C. S. Mcg.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Torts--Choice of Law Required by Federal Tort Claims Act

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Constitutional Law--Equal Protection--Exemption of Veterans from Payment of Hunting and Fishing Fees

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Constitutional Law--Separation of Powers--Procedure for Removal of Judge an Interference with Judicial Process

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Constitutional Law--State Police Power--Restriction of Competition among Employment Agencies

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Contempt of Court--Summary Punishment of Direct Contempt--Attorney's Absence from Court

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Corporations--Inspection of Books and Records--Right of Former Director

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Criminal Law--Lotteries--Necessity of Consideration

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Domestic Relations--Alimony--Fixed Payments to Wife until Her Death or Remarriage as Basis of Claim against Husband's Estate

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Domestic Relations--Divorce and Alimony--Award of Alimony …

Joint Tortfeasors In Tennessee And The New Third-Party Statute, Robert W. Sturdivant

Vanderbilt Law Review

Chapter 145 of the 1955 Public Acts' enacted by the Tennessee Legislature, purporting in some degree to permit a third-party action, has evoked considerable interest among members of the Tennessee Bar and liability insurance carriers.

The act provides that when a defendant deems some other party primarily liable to the plaintiff, then the defendant may file a cross action against the third party. It will be recalled that when the Federal Rules of Civil Procedure were first promulgated, Rule 14 provided that a defendant, deeming a third party liable to himsel for to the plaintiff, could make such third party …

Federal Procedure - Venue - Interpretation Of Section 1404(A) In Cases Arising Under The Federal Employers' Liability Act, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Three petitioners instituted separate suits in the United States District Court for the Eastern District of Pennsylvania under the provisions of the Federal Employers' Liability Act, for injuries received in the derailment of a train in South Carolina. The cases were transferred to the Eastern District of South Carolina under the provisions of section 1404 (a), title 28, U.S.C. Because of a court of appeals ruling that orders for transfer were not appealable, petitioners sought mandamus to compel the district judge to set aside his orders for transfer. The court of appeals denied the applications. On certiorari to the United …

Corporations - Stockholders - Effect Of State Constitutional Provisions On Liabilty To Creditors For Unpaid Subscriptions, Douglas Peck S.Ed.

Michigan Law Review

Basset and Company, an Oklahoma corporation, issued stock to defendant for which defendant never paid. The sum due was carried on the corporate books as "subscriptions receivable." The corporation became bankrupt and the trustee brought suit in the federal district court to recover the amount due on the subscriptions. Held, judgment for the defendant. Under the Oklahoma Constitution, where stock is issued for consideration which is less than par value, the issue is void. The stock certificate cannot serve as a consideration to support the would-be stockholder's promise to pay for the stock, and no liability attaches to the …

Rogers V. Los Angeles Transit Lines, Jesse W. Carter

Jesse Carter Opinions

Passenger who was injured when the bus in which he was riding passed too close to the open door on a truck was not contributory negligent, nor had he assumed a risk of injury, when he had his elbow resting in the bus window.

Cole V. Rush [Dissent], Jesse W. Carter

Jesse Carter Opinions

Under common law, as to competent person, it was voluntary consumption, not sale, of intoxicating liquor that was proximate cause of injury from its use, and contributory negligence of decedent barred widow's recovery in wrongful death action.

Kornoff V. Kingsburg Cotton Oil Co., Jesse W. Carter

Jesse Carter Opinions

Landowners were entitled to future damages in a permanent trespass action against a neighboring cotton gin company that created waste six months a year that was emitted into the atmosphere and damaged the neighboring landowners' property.

Damages: Limitations In Recovery On Lost Profits In Indiana

Indiana Law Journal

No abstract provided.

Liability For Aircraft Damage To Ground Occupiers-A Study Of Current Trends In Tort Law

Indiana Law Journal

No abstract provided.

Torts -- 1955 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The decision of whether a defendant is negligent is normally for the jury to decide. This year, as in other years, the Tennessee courts have taken frequent opportunity to emphasize this,' though a directed verdict is proper when the jury could reasonably reach only a single result. The negligence issue is submitted to the jury in terms of the usual standard--whether the defendant acted as a reasonable prudent person would have acted under the same or similar circumstances. At times some of the circumstances may be more specifically adverted to in the instructions. Thus, under the "emergency", or "sudden peril …

Torts, John W. Richards

Washington Law Review

Covers laws on public nuisances.

Hilyar V. Union Ice Co., Jesse W. Carter

Jesse Carter Opinions

Nonsuit as to driver was improper in injured minor's personal injury action because evidence was sufficient on negligence issue to permit submission to jury but nonsuit was proper as to corporation because evidence of agency was insufficient.

Snyder V. Southern California Edison Co., Jesse W. Carter

Jesse Carter Opinions

Based on the duties imposed upon the utility company by statute and Public Utilities Commission, it was liable for the failure of the independent contractor to perform its duties, thereby causing injuries to two of the contractor's employees.

An Inquiry Into The Principles Of Municipal Responsibility In General Assumpsit And Tort, George K. Gardner, Leslie M. Geller, John F. Mcgrory, William B. Shaffer Jr.

Vanderbilt Law Review

This paper is written in the conviction that the world is governed by natural law. It is our ambition to describe an analytical method by which the true responsibility of a municipality in respect to any given claim in general assumpsit or tort may be ascertained. It is not pretended that the method which we shall offer will yield a result in harmony with every reported judicial decision and statute, nor even that it may not differ rather widely from the system of legal rules prevailing currently in many states. It is our hope to present an exposition of basic …

Restitution - Election Of Remedies - Action In Quasi-Contract Against Joint Tortfeasor As Barring Fraud Action Against Other Joint Tortfeasors, Douglas Peck S.Ed.

Michigan Law Review

Plaintiff sued for fraud, alleging that defendant engraving companies secretly agreed with an agent of the plaintiff to give the agent a commission in return for which the agent was to contract for engraving work to be done by the defendants for plaintiff at a rate in excess of the fair market price for such work. Upon discovery of the fraud and prior to the commencement of this action, plaintiff had instituted an action in a state court against its agent for money had and received, and had obtained an attachment. Upon defendants' motion to dismiss the fraud action, held …

Contributory Negligence - Duty Of Pedestrian To Look While Crossing Intersection With Light, Harvey A. Howard S.Ed.

Michigan Law Review

The plaintiff was crossing a busy intersection in reliance on a green traffic light in his favor when he was struck by defendant's automobile. Testifying in his own behalf, plaintiff said that he waited until the light changed to green and traffic on both sides stopped before proceeding to cross the street. He further stated that he was hit just before reaching the other side of the street. He did not see defendant's automobile before it struck him. At the conclusion of this testimony defendant moved for a directed verdict on the ground that plaintiff had failed to show freedom …

Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed.

Michigan Law Review

Following an interlocutory divorce decree, and while the parties were living apart from one another, defendant allegedly assaulted the plaintiff. The trial court dismissed her complaint on the ground that no action could be brought by one spouse against the other for personal torts committed during coverture. On appeal, held, reversed, three judges dissenting and one concurring. The Judicial Code and the Husband and Wife Statutes of Utah, when considered together, entitle a married woman to maintain an action against her husband for injuries intentionally inflicted upon her. Taylor v. Patten, 2 Utah (2d) 404, 275 P. (2d) …

Hillman V. Garcia-Ruby [Dissent], Jesse W. Carter

Jesse Carter Opinions

Although the trial judge erred in instructing the jury that the owner of a dangerous animal had only a duty of ordinary care, the judge's error was not prejudicial to the injured party.

Torts - Plaintiff's Violation Of Municipal Ordinance As Contributory Negligence, Cecil W. Johnson

William and Mary Review of Virginia Law

No abstract provided.

Torts, James A. Furber, Robert E. Dixon

Washington Law Review

Covers cases on limitation of actions in malpractice suits, on the extent of liability for ultrahazardous activities (Furber), and on defenses available to the tortfeasor in wrongful death actions (Dixon).

Federal Procedure - Jurisdiction - Suit Under Direct Action Statute Where There Is Diversity Of Citizenship Between Claimant And Insurer But Not Between Claimant And Wrongdoer, William R. Jentes

Michigan Law Review

Plaintiff, a citizen of Louisiana, was injured in an automobile accident allegedly caused by the negligence of another citizen of Louisiana. Defendant insurance company, an Illinois corporation, had issued a public liability policy insuring the latter against claims arising from the negligent operation of his car. Pursuant to a Louisiana statutory provision that "the injured person or his or her heirs, at their option, shall have a right of direct action . . . against the insurer alone or against both the insured and the insurer, jointly and in solido,'' respondent brought an action against the petitioner alone in the …

Negligence - Duty Of Landlord Toward His Own Social Guest Injured On A Common Stairway, Lawrence Sperling

Michigan Law Review

Defendant was co-owner of an apartment house and occupied one of the apartments. Plaintiff, his invited social guest, was injured while descending the common stairway because of defendant's negligence in failing to provide adequate lighting. A directed verdict for the defendant was affirmed by the appellate division on the ground that plaintiff as a social guest of the landowner was only a licensee. On appeal to the supreme court, held, reversed, three judges dissenting. A social guest of the landlord is an invitee while on the common stairway and therefore may recover for injuries sustained due to negligent maintenance …

Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.

Michigan Law Review

Plaintiff purchased a truck under a conditional sales contract which was assigned to the defendant finance company. He drove the truck to the place of business of the defendant to adjust differences between the two parties, but when he attempted to leave after no agreement had been reached, he discovered that the keys had been removed from the truck. When informed that the truck had been repossessed, the plaintiff produced another set of keys but was unable to leave with the truck. The testimony of the plaintiff that an agent of the defendant seized his hand to prevent the unlocking …

Torts - Fraud And Deceit-Inspection By Vendee As Bar To Recovery, Richard H. Lewis

William and Mary Review of Virginia Law

No abstract provided.

Doran V. San Francisco [Dissent], Jesse W. Carter

Jesse Carter Opinions

Pedestrians who negligently stepped in front of a trolley bus and were simultaneously hit and injured were not entitled to an instruction on the last clear chance doctrine because they admitted seeing the trolley bus before stepping into the street.

Warner V. Santa Catalina Island Co., Jesse W. Carter

Jesse Carter Opinions

In an action for damages for loss of eyesight after a bullet ricocheted and shattered in a shooting gallery, injuring plaintiff's eye, a nonsuit was granted in error to the bullet manufacturer; evidence of negligence was sufficient to go to the jury.

Jensen V. Minard [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court erred in giving certain instructions requested by defendant because the jury should not have been foreclosed from considering evidence provided by the happening of the accident itself in determining whether defendant was negligent.

Agency—Suit By Wife Against Negligent Husband’S Employer, Arnold Lieberman

Buffalo Law Review

May v. Palm Beach Chemical Co., __ Fla. __, 77 So. 2d 468 (1955).