Law Commons^™

Peterson V. Robison [Dissent], Jesse W. Carter

Jesse Carter Opinions

Judgment was reversed in wrongful imprisonment action and individual could not be liable because it was manifestly unfair to impose civil liability on private person for filing a citizen's arrest when the law declared it a misdemeanor if he refused.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--ALIENS--CONSTITUTIONALITY OF McCARRAN ACT

CONSTITUTIONAL LAW--DUE PROCESS--DUTY OF NON-RESIDENT VENDOR TO COLLECT USE TAX

CONSTITUTIONAL LAW--DUE PROCESS--TAXABLE SITUS OF PROPERTY OF INTERSTATE AIR CARRIER

DOMESTIC RELATIONS--INFANTS--RIGHT TO DISAFFIRM SEPARATION AGREEMENT

DOMESTIC RELATIONS--RES ADJUDICATA--FAILURE TO CROSS CLAIM IN SEPARATE MAINTENANCE SUIT AS BAR TO SUBSEQUENT DIVORCE

FEDERAL JURISDICTION AND PROCEDURE--FEDERAL STATUTORY RIGHT--CHARACTERIZATION OF RIGHT FOR PURPOSE OF APPLYING STATE STATUTE OF LIMITATIONS

INCOME TAXATION--TAXABLE INCOME--INCLUSION OF PROCEEDS OF PUNITIVE DAMAGES

NATURAL GAS ACT--STATUTORY CONSTRUCTION--SCOPE OF STATUTE AS AFFECTED BY SUBSEQUENT DECISIONS

NEGLIGENCE--USED-CAR DEALER--DUTY TO INSPECT

SALES--IMPLIED WARRANTY--REQUIREMENT OF PRIVITY BETWEEN PROCESSOR AND ULTIMATE CONSUMER

TORTS--UNATTENDED AUTOMOBILE STATUTE--LIABILITY OF OWNER FOR …

Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.

Michigan Law Review

Plaintiff sustained injuries when she fell between defendant's subway car and a platform directly opposite the car door. The cause assigned was the pressure from the closely packed crowd of subway passengers during a rush hour which resulted in plaintiff's being "carried by the crowd" into a position of danger. Defendant had shifted extra guards to the overcrowded area. No evidence of disorderliness or gang action appeared. In an action for damages due to defendant's negligence in failing to control the crowd, held, for defendant. Callaghan v. New York City Transit System, 204 Misc. 236, 125 N.Y.S. (2d) …

Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.

Michigan Law Review

Sparks from defendant's train started a fire on defendant's right of way which spread toward plaintiff's farm. Plaintiff, in an attempt to contain the fire, plowed a fire guard along the edge of his property. While driving his tractor to a safe place after completing the last furrow, he ran over a root or limb which flew up and struck him in the eye, causing blindness. In the trial court plaintiff recovered from the railroad under an Oklahoma statute which specified that "Any railroad company operating any line in this state shall be liable for all damages sustained by fire …

Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.

Michigan Law Review

Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen's Compensation Act. The Workmen's Compensation Commission entered an award for the plaintiff. On appeal by the state, held, …

Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.

Michigan Law Review

The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.

Admiralty - Warranty Of Seaworthiness - Extension To Injury Caused By Appliance Not In Control Of Shipowner, George S. Flint S.Ed.

Michigan Law Review

Libellant, a longshore foreman for a stevedoring company loading petitioner's ship, was injured when a snatch block broke, causing some loading gear to fall upon his leg. Conflicting evidence in the lower court was resolved by the trial judge, who found that the snatch block was supplied by the stevedoring company. On the basis of this finding, the trial court held that neither the ship nor its appliances were unseaworthy, and that libellant could not recover against the shipowner. The court of appeals reversed and remanded the cause for determination of damages. On certiorari to the Supreme Court, held, …

Torts—Liability Of State To Users Of Highways, Vincent A. Delorio

Buffalo Law Review

Canepa v. State, 306 N.Y. 212, 117 N. E. 2d 550 (1954).

Torts—Liability Of State To Users Of Land It Possesses, Vincent A. Delorio

Buffalo Law Review

Le Roux v. State, 307 N.Y. 397,. 121 N.E. 2d 386 (1954).

Torts—Subterranean Trespass, Vincent A. Delorio

Buffalo Law Review

Phillips v. Sun Oil Co., 307 N. Y. 328, 121 N. E. 2d 249 (1954).

Torts—Emergency Doctrine, Vincent A. Delorio

Buffalo Law Review

Meyer v. Whisnant, 307 N. Y. 369, 121 N.E. 2d 372 (1934).

Torts—Wrongful Death, Vincent A. Delorio

Buffalo Law Review

Wank v. Ambrosino, 307 N. Y. 321, 121 N. E. 2d 246 (1954).

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …

Local Government Law -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Tort Liability: The case of Bricker v. Sims' was one of four cases tried together involving the tort liability of a city and its officers. The Board of Aldermen of the City of Martin adopted a curfew ordinance prohibiting any person from being on a public street or other public place after 11:00 o'clock at night. Plaintiff, while conducting himself in an otherwise lawful manner, was arrested on the public streets of Martin after the curfew hour; he was jailed and the next day was convicted and fined in the city court. Upon appeal to the circuit court the case …

Torts -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There were over forty appellate decisions during the past year in the field of Torts. All but about half a dozen of these involved Negligence, and half of the Negligence cases involved traffic accidents. A reading of this latter group is well calculated to induce an automobile driver to use more care in the future.

In the great majority of Negligence cases the defendant owes the plaintiff a duty to use care. As Judge Howard expressed it in Monday v. Millsaps: "Whenever one person is by circumstances placed in such a position with regard to another that it is obvious …

The Effect Of The Palsgraf Doctrine In Indiana

Indiana Law Journal

No abstract provided.

Palmquist V. Mercer [Dissent], Jesse W. Carter

Jesse Carter Opinions

Decision that nonsuited plaintiff's action at close of his case was reversed where questions of fraud and breach of warranty or duty existed as to stable owner. Decision was affirmed as to oil company defendants who owed no similar duties.

Stafford V. Shultz, Jesse W. Carter

Jesse Carter Opinions

In an action for medical malpractice, the statute of limitations had been tolled by medical practitioners' failure to fully disclose to a patient the extent of his injuries and the probability of future disability.

R. E. Spriggs, Inc. V. Industrial Acci. Com. [Dissent], Jesse W. Carter

Jesse Carter Opinions

In determining the credit against compensation liability due to an employer for damages recovered by its employee from a third party tortfeasor, the employee's attorney's fees were deductible from the recovery only in a judicial action.

Torts - Classes Of Beneficiaries In Death By Wrongful Act Statute, Nancy Coleman Messick

William and Mary Review of Virginia Law

No abstract provided.

Torts, John Piper, Eugene H. Sage

Washington Law Review

Covers cases on contributory negligence as not a defense to wanton misconduct, on res ipsa loquitur in malpractice suits, on the standard of care having retroactive effects on building codes (Piper), on the standard of care required of persons repairing a disabled car on a highway, on conditional privilege in a libel action, and on tort actions for loss of consortium caused by the negligence of a spouse's employer (Sage).

Municipal Corporations, Ray Browder

Washington Law Review

Covers cases on tort liability.

Holm V. Superior Court Of San Francisco [Dissent], Jesse W. Carter

Jesse Carter Opinions

A writ of prohibition directed at restraining the enforcement of a order of inspection was granted in part where certain documents ordered produced in a personal injury action were protected by the attorney-client privilege.

Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.

Vanderbilt Law Review

The motives and purposes behind the binate Sections 301 and 303, no less than other sections of the Taft-Hartley Act,' are mixed and ambiguous. Foremost, however, seems the notion that Congress intended to create new federal rights, contract and tort, enforceable nationally in a federal forum. In broad terms, where the required relationship to interstate commerce exists, Section 301 permits suits by either employers or unions for violation of collective bargaining agreements; Section 303 permits those injured by certain boycotts and unlawful combinations to bring suit-- in both cases, the forum provided is the district court of the United States. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

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Income Taxation--Deductions--Periodic Alimony Payments

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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

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Torts--Dog Bite--Owner's Scienter

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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease

Carroll V. Superior Court Of San Francisco [Dissent], Jesse W. Carter

Jesse Carter Opinions

In an individual's personal injury action, photographs taken of an accident scene by the defendant corporation for use by its attorneys were privileged and were not subject to inspection by the individual.

Thompson V. Lacey, Jesse W. Carter

Jesse Carter Opinions

Dismissal of wrongful death action filed by administratrix of passenger's estate was improper because passenger was "passenger" in driver's car and not "guest," as driver, who was passenger's boss, was reimbursed for his expenses by their employer.

Torts-The Discretionary Function Exception In The Federal Tort Claims Act, Howard A. Cole S.Ed.

Michigan Law Review

The doctrine of the immunity of the sovereign in tort has long been the subject of attack by statesmen and legal writers. In response to these attacks and with a view to eliminating the unjust, expensive, and time-consuming method of settling tort claims against the federal government by the private bill method, Congress passed the Federal Tort Claims Act in 1946. The act contained a number of exceptions, the most important of which preserved the immunity doctrine as to any claim arising out of a "discretionary function" of government. A recent decision of the United States Supreme Court illustrates the …

Federal Tort Claims Act And French Law Of Governmental Liability: A Comparative Study, Sidney B. Jacoby

Vanderbilt Law Review

Governmental liability for tort seems to be a field in which a comparative study is particularly appropriate. The subject is a segment of legislative reforms in which the influence of foreign systems has been marked. Highly developed foreign systems, especially the French, played their role in the demands among scholars for legislative reforms. The late Professor Edwin Borchard of Yale Law School, for many years one of the chief sponsors of federal legislation, made detailed studies of the foreign laws of governmental responsibility for tort.'

Book Reviews, Ferdinand F. Stone (Reviewer), Reginald Parker (Reviewer)

Vanderbilt Law Review

Governmental Liability By H. Street New York: Cambridge University Press, 1953. Pp. 221. $5.00.

reviewer: Ferdinand F. Stone

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Roman Law and Common Law: A Comparison in Outline, Second Ed. By W. W. Buckland and Arnold D. McNair. Revised by F. H. Lawson New York: Cambridge University Press, 1952.Pp. xii, 439. $7.00.

reviewer: Reginald Parker