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Torts

1963

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Articles 61 - 79 of 79

Full-Text Articles in Law

Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake Jan 1963

Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake

Cleveland State Law Review

The purpose of this article is: (1) To define traumatic neurosis on a medico-legal basis. (2) To determine when damages may be recovered for traumatic neurosis through a review of recent cases.


Contributory Negligence Of Automobile Passengers, Martin C. Spector Jan 1963

Contributory Negligence Of Automobile Passengers, Martin C. Spector

Cleveland State Law Review

What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …


Contibutory Negligence In Medical Malpractice, W. David Alderson Jan 1963

Contibutory Negligence In Medical Malpractice, W. David Alderson

Cleveland State Law Review

Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …


Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel Jan 1963

Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel

Cleveland State Law Review

The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.


Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman Jan 1963

Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman

Cleveland State Law Review

The purpose of this article is to examine possible causes of actions sounding in contract available in cases of death or personal injuries arising out of aircraft crashes. The ability of the plaintiff to sustain an action in contract may have a decisive effect on the outcome of the litigation in any one of the following respects: First, as a general rule the law of the place of the accident governs tort actions, while the law of the place of contracting governs contract actions and for one of several reasons it may be advantageous to the plaintiff to avoid the …


Recent Cases Jan 1963

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.


Torts--Res Ipsa Loquiter, Wayne T. Bunch Jan 1963

Torts--Res Ipsa Loquiter, Wayne T. Bunch

Kentucky Law Journal

No abstract provided.


Some Thoughts About Physical Harm, Disclaimers And Warranties, Douglass Boshkoff Jan 1963

Some Thoughts About Physical Harm, Disclaimers And Warranties, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig Jan 1963

Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig

Cleveland State Law Review

The general rule in the United States today is that an unforeseen heart attack which leads to loss of consciousness, or to inability to maintain control of a motor vehicle, is not negligence. When an operator of an automobile is suddenly stricken by a heart attack, and as a consequence there is an injury to a person or damage to property, a defense based upon the fact of a heart attack will preclude recovery by an injured plaintiff.


Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr. Jan 1963

Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.

Cleveland State Law Review

As is readily apprehended, contributory negligence in the defense of a product liability action is a can of worms. But, if it is recognized that there is no such thing as "contributory negligence" and that the defense contemplated is that of abnormal, unintended, or unforeseen use, or is that of assumed risk, or that of lack of due care, then there may perhaps be order brought out of chaos. However, it is strongly suggested that even these defenses are, in the absence of uncontrovertible facts, no panacea for defendants. There are much better ways to beat a product liability claim …


Stock Broker's Liability Under Customs, Usages, And Rules, Robert H. Jackson Jan 1963

Stock Broker's Liability Under Customs, Usages, And Rules, Robert H. Jackson

Cleveland State Law Review

Within the framework of this article, it is proposed to consider, in summary form, the doctrines of custom, usage, and rules frequently violated by stockbrokers.


One-Man Corporate Entity In Torts, James A. Thomas Jan 1963

One-Man Corporate Entity In Torts, James A. Thomas

Cleveland State Law Review

This article is confined to a summary of the liability of a sole shareowner for the torts of his employees or of himself in the execution of the corporate business.


Contributory Negligence Of Children, James H. Keet Jr. Jan 1963

Contributory Negligence Of Children, James H. Keet Jr.

Cleveland State Law Review

We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order …


Contributory Negligence In Product Liability, S. Burns Weston Jan 1963

Contributory Negligence In Product Liability, S. Burns Weston

Cleveland State Law Review

This article does not purport to be exhaustive. It does explore the extent to which classical defenses of contributory negligence, assumption of risk and their relative, "misuse of product," are available in product liability actions. Caveat: By the time this printer's ink is drysome of these applications may be available no longer.


Contributory Negligence In Europe, Huib Drion Jan 1963

Contributory Negligence In Europe, Huib Drion

Cleveland State Law Review

The Dutch law relating to contributory negligence is entirely judge made law, as it is in France and Belgium and in the other countries which have derived their civil codes from the Code Napoleon. We have here a good example of the advantage of the more elastic development of judge made law in the countries with codified laws, at least in the field of the law of torts.


Libel From Comment On Facts Generally Known - A. S. Abell Company V. Kirby, Robert W. Baker Jan 1963

Libel From Comment On Facts Generally Known - A. S. Abell Company V. Kirby, Robert W. Baker

Maryland Law Review

No abstract provided.


Comments, Various Editors Jan 1963

Comments, Various Editors

Villanova Law Review

No abstract provided.


The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner Jan 1963

The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr. Jan 1963

Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.

Michigan Law Review

It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …