Law Commons^™

Basic Protection For The Traffic Victim, By Robert E. Keeton And Jeffrey O'Connell

Washington and Lee Law Review

No abstract provided.

The Litigation Process In Tort Law, By Leon Green

Washington and Lee Law Review

No abstract provided.

Torts - Federal Tort Claims Act - Government Held To Strict Liability, Long V. U.S., 241 F.Supp. 286 (D. S.C. 1965), Richard A. Repp

William & Mary Law Review

No abstract provided.

Torts--Discarding The Rule Of Imputed Negligence In Automobile Cases, William Douglas Goodwin

West Virginia Law Review

No abstract provided.

Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice

West Virginia Law Review

No abstract provided.

Maryland Prescribes Joint Action For Negligently Caused Loss Of Consortium - Deems V. Western Maryland Ry.

Maryland Law Review

No abstract provided.

The Attorney As Plaintiff: Tortious Interference With Contract And The Attorney-Client Relationship, Eugene Mullins

Kentucky Law Journal

No abstract provided.

Agency--Respondeat Superior--Contribution--Indemnity--Employer's Liability Toward The Wife Of His Employee, John D. Mccann

Kentucky Law Journal

No abstract provided.

Strict Liability In Tort: A Modest Proposal, David G. Epstein

Law Faculty Publications

Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for …

Corporations - Piercing The Corporate Veil - Corporate Tort, Salvatore J. Cucinotta

Duquesne Law Review

The United States Court of Appeals for the Third Circuit holds that the corporate entity will be disregarded to hold a shareholder liable for a corporate tort only where the tort claimant can prove that the corporation was formed with a specific intent to escape personal liability for a specific tort or class of torts.

Zubik v. Zubik & Sons, Inc., 384 F.2d 267 (3d Cir. 1967), cert. denied, 88 S. Ct. 1183 (1968).

Evidence—Res Ipsa Loquitur In Accidents Involving Skidding And Swerving Vehicles, David C. Horan

Buffalo Law Review

Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, 216 N.E.2d 324, 269 N.Y.S.2d 115 (1966).

Torts—Attractive Nuisance—Property Owner Not Liable For Injuries Suffered By A Child Playing With A Metal Grating Imbedded In A Public Sidewalk, Max E. Schlopy

Buffalo Law Review

Cuevas v. 73rd & Central Park West Corp., 26 A.D.2d 239, 272 N.Y.S.2d 41 (1st Dep't 1966).

Torts—Libel—A Conditional Privilege To Make Non-Malicious Misstatements Concerning Participants In Public Discussion, Peter J. Brevorka

Buffalo Law Review

Pauling v. Globe-Democrat Publishing Co., 362 F.2d 188 (8th Cir. 1966), petition for cert. filed, 35 U.S.L. Week 3082 (U.S. Sept. 13, 1966) (No. 522).

Intended Use In Products Liability - Parks V. Simpson Timber Co.

Maryland Law Review

No abstract provided.

Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus

Cleveland State Law Review

In the case of Kendall v. Gore Properties Inc. an employer was held liable for the willful and malicious (criminal) acts of his employee. The employee, a janitor in an apartment house, had murdered a tenant. The employer was held liable on the ground that he, the landlord, had been recklessly ignorant in the selection of the employee. The case illustrates the modern doctrine of allocating to the employer liability for the harm caused by the servant's tortious behavior, based on his negligent selection of the employee, even though the criminal nature of the servant's act is far beyond that …

Book Review, William L. Summers

Cleveland State Law Review

Reviewing Stuart M. Speiser, Recovery for Wrongful Death, Lawyers Co-operative Publishing Company, 1966

Building Contractor's Liability After Completion And Acceptance, James Jay Brown

Cleveland State Law Review

Schipper v. Levitt & Sons, Inc., held that a tract home-builder must defend his actions against the prima facie case established by an injured third party. The importance of this case lies in the application of a tort doctrine, previously applied exclusively to negligent acts by chattel manufacturers, to real property construction. This extension is shattering the ancient property concepts so much the bedrock of our Common Law. We will review that foundation and the old rules of non-liability as they concern the landowner, contractor, and third party, in order to grasp the significance of this new change in jurisprudential …

Firemen's Recovery From Negligent Landowners, Kenneth D. Stern

Cleveland State Law Review

The right of a fireman or policeman to recover from a negligent landowner for injuries suffered while the fireman or policeman is on the landowner's property in an official capacity is a question which has produced a variety of answers by the various courts. While surveys of the law in this area are available, it appears that a study of the rationale underlying the various arguments dealing with the matter iscalled for. Because of the basic similarity in the circumstances which justify the entrance of both policemen and firemen onto private property (namely, a danger to the public and to …

Defectively Designed Highways, Steven J. Erlsten

Cleveland State Law Review

There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …

Negligent Design Of Sports Facilities, Bernard Mandel

Cleveland State Law Review

The scope of this note is limited to the design of sports facilities and the duties of owners and participants relative thereto. Faulty construction and faulty maintenance of the facilities are not within its purview.

Bowling Alley Tort Liability, Matthew J. Koch

Cleveland State Law Review

Tort liability of the bowling alley proprietor or operator has become a common problem with the increased popularity of bowling. The two principal grounds upon which tort liability of the proprietor or owner may be predicated are negligence and nuisance.

Landowner's Responsibility To A Social Guest, Burt C. Siebert

Cleveland State Law Review

The early common law, from which our present law has evolved, classifies persons on land into three basic categories: trespassers, licensees, and invitees. The classification determines the standard of care that is owed to these persons. The standard of care is a duty imposed upon the landowner because he is in control of his land, is presumed to know all about his land and any dangers or possible dangers that may exist, and is best able to prevent any harm to others. A "social guest" can fit into all three of the categories, as a trespasser, a licensee, or an …

Police Liability For Invasion Of Privacy, Mildred Schad

Cleveland State Law Review

No reasonable man would contend that there can be no valid invasion of privacy by police officers. But, just when do the rights of society accede to the privileges of the individual? Certain guides as to the reasonableness of a search have been determined. A search, without a search warrant, is lawful if it is incident to a lawful arrest and if the essential element of a lawful arrest, probable cause, exists.

What Constitutes An Assault, William H. Erickson

Cleveland State Law Review

Assault, as it has been judicially defined, finds its basis in the protection against the apprehension of receiving harmful or offensive contact. It is the threshold for the more serious tort of battery, the actual contact with the person of the plaintiff. The law of assault has been developing over hundreds of years and will continue to do so. Of key importance to the tort, and the one factor more than any other which differentiates the tort of assault from other forms of intentional wrongdoing, is the element of apprehension in the mind of the victim. Without the awareness by …

Police Liability For False Arrest Or Imprisonment, John M. Manos

Cleveland State Law Review

It is difficult to arrive at a valid distinction between false arrest and false imprisonment. The two causes of action are practically indistinguishable. When there is a false arrest there is a false imprisonment, but in a false arrest detention is based on asserted legal authority to enforce the processes of the law. A false imprisonment can arise between private persons for a private end with no relevance to the administration of criminal law. Our primary concern here, of course, is solely with a detention under color of law. This article purports to describe the various situations in which an …

Negligent Operation Of A Police Vehicle, Harvey S. Morrison

Cleveland State Law Review

As a general rule a police officer on an emergency call is required to exercise the care which a reasonable, prudent man would exercise in the discharge of official duties of a like nature under like circumstances. Comparing this standard of care to that required of a civilian driver, one finds not that a lesser degree of care is required of the police officer but that the care exercised must be commensurate with the circumstances. The ordinary driver under ordinary circumstances uniformly has the duty to exercise ordinary care toward other travelers to avoid injury or property damage. The police …

Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg

Buffalo Law Review

Motor Vehicle Acc. Indemnification Corp. v. Eisenberg, 18 N.Y.2d 1, 218 N.E.2d 524, 271 N.Y.S.2d 641 (1966).

Torts—Libel—False Announcement Of Betrothal Is Actionable Per Se Where The Parties Are Already Married To Others, Richard C. Spencer

Buffalo Law Review

Hinsdale v. Orange County Publications, Inc., 17 N.Y.2d 284, 217 N.E.2d 650, 270 N.Y.S.2d 592 (1966).

Torts—Unfair Competition—Injunction Granted To Prevent One From Using His Surname In Own Business, Roger J. Niemel

Buffalo Law Review

David B. Findlay, Inc. v. Findlay, 18 N.Y.2d 12, 218 N.E.2d 531, 271 N.Y.S.2d 652, motion to amend remittitur granted, 18 N.Y.2d 676, 219 N.E.2d 872, 273 N.Y.S.2d 422 (1966).

Implied Warranties In The Sale Of New Houses - Bethlahmy V. Bechtel

Maryland Law Review

No abstract provided.