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Full-Text Articles in Law

57/07/20 Killer Or Liar? / Gerber Wants Lie Tests For Sam, Brothers, Cleveland News Jul 1957

57/07/20 Killer Or Liar? / Gerber Wants Lie Tests For Sam, Brothers, Cleveland News

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Reports that Coroner Gerber asked the County Commissioners for funds to go to Deland, Florida and question Donald Welder, the fugitive who confessed to Marilyn Sheppard's murder. Gerber also asked for permission to give lie detector tests to Sam's brothers and sisters-in-law. He also wants representatives from the County to be present if Sam is given a lie test in the Ohio Penitentiary.


57/07/20 No Special Favors, Cleveland Press Jul 1957

57/07/20 No Special Favors, Cleveland Press

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Cleveland Press editorial states that "If Sheppard gets a lie detector test every other prisoner in the Ohio Penitentiary who asks for it should get one too. The test, of course, should be by regular law enforcement officials familiar with the work. Any test by an outsider is decidedly out of place."


57/07/19 Pal Named In Confession Is Phantom, Police Find, Cleveland Plain Dealer Jul 1957

57/07/19 Pal Named In Confession Is Phantom, Police Find, Cleveland Plain Dealer

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Reports that Donald Wedler, the fugitive who confessed to Marilyn Sheppard's murder, said he stayed with Marine veteran Charlie Fremont while he was in Cleveland in July 1954. Police couldn't find Fremont and no records of the man were found by the Veterans Administration. The article also updates the status of the investigation by Gardner's Court of Last Resort.


57/05/14 Dr. Sam Agrees To Lie Test, Cleveland News May 1957

57/05/14 Dr. Sam Agrees To Lie Test, Cleveland News

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Howard Beaufait reports that Sam agreed to take a lie detector test in a renewed search for the murder weapon. Warden Ralph W. Alvis at the Ohio Penitentiary told The News that he would not approve a lie test.


Book Review, Orville J. Weaver Jan 1957

Book Review, Orville J. Weaver

Cleveland State Law Review

Reviewing William K. Gardner, Gradner's Bates Ohio Civil Practice, W. H. Anderson Co., 1957


The Warsaw Convention's Damages Limitations, William B. Wright Jan 1957

The Warsaw Convention's Damages Limitations, William B. Wright

Cleveland State Law Review

The Convention for the Unification of Certain rules relating to International Transportation by Air, popularly known as the Warsaw Convention, regulates the conditions of international transportation by air with respect to the documents used for such transportation by air with respect to the documents used for such transportation and the liability of the carrier. This paper relates particularly to the limitation this treaty places on the rights of passengers and their dependents to recover damages for personal injury or death.


Tort Liability For Death By Poisoning, Lawrence Landsroner Jan 1957

Tort Liability For Death By Poisoning, Lawrence Landsroner

Cleveland State Law Review

Liability in deaths resulting from accidental ingestion of harmful material, toxic food, or drug product often is difficult to ascertain. Lack of compliance with the Federal Food and Drug Statutes, or with the State or Municipal Code, often is the critical problem. Determination of liability in these cases usually rests on one of three major bases, in cases involving manufacturers and distributors: (a) That the product is improperly labeled. (b) That it is not labeled in compliance with the municipal, state or federal laws. (c) That it is an inherently dangerous product. If any one of these bases is established ...


Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor Jan 1957

Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor

Cleveland State Law Review

This paper deals with court decisions on liability claims for injuries to the mind rather than for broken bones alone. This subject now is as important to practitioners and students of the law as it long has been to medical men. Much medical knowledge is now reflected in new interpretations by the courts, so that today the legal fact is established that a person's emotional security as well as his physical security must be protected and compensated. The author's purpose is to focus attention on the developments of recent years as well as those of earlier times, and ...


What Is A Vessel In Admiralty Law, Donald W. Peters Jan 1957

What Is A Vessel In Admiralty Law, Donald W. Peters

Cleveland State Law Review

Any structure made to float upon the water for the purpose of commerce or war, whether impelled by wind, steam or oars -this is the explanation of a vessel given in the American-English Encyclopedia of Law. A vessel has been further defined in the Revised Statutes of the United States as including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water. A controversial question however, that often creates confusion, is this: When, during the course of construction, is a craft considered to be a full-fledged vessel. Theories and ...


Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey Jan 1957

Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey

Cleveland State Law Review

In the field of radiation damage much has been written and many scientific opinions have been given. As to legal decisions,there is much to criticize from a technical point of view in the early X-ray cases, particularly in regard to the leeway allowed to physicians in treating their patients through use of a new tool. The following survey is intended to serve to give to the lawyer a basic working knowledge of the subject of radiation. With this, plus knowledge of general principles of law, common sense should enable him to get his client's point across to the ...


Postmortem Examinations, S.R. Gerber Jan 1957

Postmortem Examinations, S.R. Gerber

Cleveland State Law Review

Postmortem examination is frequently considered to be a synonymous term for autopsy. However, literally any examination performed after death is a postmortem examination. All examinations of cases received at coroners' offices are performed postmortem. These examinations vary in extent, depending upon the circumstances and developments disclosed upon investigation by police and others.


Attorneys' Malpractice, William K. Gardner Jan 1957

Attorneys' Malpractice, William K. Gardner

Cleveland State Law Review

An attorney is not an insurer of the result of a case in which he is employed, without a special contract to that effect, nor can more than ordinary skill, care and diligence be required of him without such contract; and where an attorney has acted in good faith and with a fair degree of intelligence in the discharge of his duties under the usual implied contract, any error which he may make must be so gross as to render wholly improbable any disagreement among good lawyers as to the manner of the performance of the services in the given ...


Federal Tort Claims Act Summarized, Russell E. Ake Jan 1957

Federal Tort Claims Act Summarized, Russell E. Ake

Cleveland State Law Review

To attempt a brief summary of the Federal Tort Claims Act may be likened to an attempt to explain atomic energy in ten words. But such a summary may be of some usefulness to our esteemed adversaries - the plaintiff's counsel in FTCA cases. Like most statutes, both state and federal, the text of this Act is encompassed within a few paragraphs. Then there follows a welter of interpretations, exceptions, and constructions. However, I shall attempt to hit the high spots and see if we can't come at least to a general understanding of what it's about and ...


Discipline By Teachers In Loco Parentis, Don R. Bridinger Jan 1957

Discipline By Teachers In Loco Parentis, Don R. Bridinger

Cleveland State Law Review

This article attempts to survey the legal aspects of one problem of modern American schools - the problem of discipline and control of pupils.


Book Review, Marcella Matejka Jan 1957

Book Review, Marcella Matejka

Cleveland State Law Review

Reviewing Alpheus Thomas Mason, Harlan Fiske Stone: Pillar of the Law, The Viking Press, 1956


Book Review, Heinz Gasser Jan 1957

Book Review, Heinz Gasser

Cleveland State Law Review

Reviewing Howard L. Oleck, Damages to Persons and Property, Central Book Company, 1957


Book Review, Winifred R. Higgins Jan 1957

Book Review, Winifred R. Higgins

Cleveland State Law Review

Reviewing Samuel J. Weiner and Zellie Miner, Ohio Methods of Practice, West Publishing Company, 1957


Book Review, William K. Gardner Jan 1957

Book Review, William K. Gardner

Cleveland State Law Review

Reviewing William E. Knepper and Grant S. Richards, The Ohio Manual of General Practice, Allen Smith Company, 1956


Reforms Needed In Negligence Practice, Howard L. Oleck Jan 1957

Reforms Needed In Negligence Practice, Howard L. Oleck

Cleveland State Law Review

Negligence lawyers now often are classed with criminal lawyers, in public opinion, as the "black sheep" of the legal profession. In the minds of many average Americans, there is something vaguely disreputable about lawyers who specialize in plaintiffs' personal injury practice. Nor is defense practice deemed to be without blemish. That public opinion now is so well established, rightly or wrongly, that it no longer can be ignored.


Mental Competency And Mental Hospitals, Ewing H. Crawfis Jan 1957

Mental Competency And Mental Hospitals, Ewing H. Crawfis

Cleveland State Law Review

Psychiatrists generally are aware that there is not necessarily any relation between competency and hospitalization for mental illness. The consensus seems to be that these two things should be considered entirely separately. Many patients may need mental hospital care, without having suffered any impairment of their competency. My personal estimate is that 75% of all patients admitted to the average mental hospital could be considered to be competent. Also, it is well to keep in mind that an individual may require a guardian because of incompetency due to a mental disorder, but not require hospitalization in a mental hospital. Unfortunately ...


Court Dictation Of Choice Of Anesthesia, Carl E. Wasmuth Jan 1957

Court Dictation Of Choice Of Anesthesia, Carl E. Wasmuth

Cleveland State Law Review

The Supreme Court of California has extended the interpretation of the doctrine of res ipsa loquitur in malpractice cases so that the physician must now be nearly a guarantor of results. And a review of a few recent, specific cases involving anesthesia makes it increasingly evident that they may have far-reaching influence on the practice of anesthesiology.


Whiplash Injuries Of The Neck, Kenneth H. Abbott Jan 1957

Whiplash Injuries Of The Neck, Kenneth H. Abbott

Cleveland State Law Review

The nomenclature, mechanics, pathology and symptomatology of the minor injuries to the neck incurred in the socalled whiplash injury are reviewed. The common mechanism of this injury is shown to be hyperextension with recoil into hyperflexion, causing a sprain, of the soft tissues of the neck. In the more seriously injured, there may occur tearing and even avulsion of capsular and ligamentous structures of the neck. With injury to nerves and blood vessels, associated head and lower back injuries may also occur. Less commonly bony fractures of the neck vertebrae may be found. Attention is given to the delayed symptoms ...


Ball, Bat And Bar, Harold Seymore Jan 1957

Ball, Bat And Bar, Harold Seymore

Cleveland State Law Review

Most Americans assume that they live under one set of laws which govern everybody. They also think that while monopolies and their abuses were once a problem, regulatory measures have long since eliminated or controlled them. The business of organized baseball proves that both these assumptions are mistaken. Recent operations of some baseball "companies" have underscored the falsity of these assumptions. The baseball business operates under its own complicated body of private law, and has been doing so ever since the business got its real start with the formation of the National League in 1876. Organized baseball is also a ...


Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris Jan 1957

Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris

Cleveland State Law Review

On July 18, 1956, the Supreme Court of Ohio handed down its decision in the case of Avellone v. St. John's Hospital, reversing nearly fifty years of Ohio law and repudiating the limited immunity doctrine as it had heretofore existed. This monumental decision raises two questions of extreme importance which seem to be left unanswered and which will unquestionably be the subject of further litigation. Those questions are: 1. Is the scope of the Avellone decision limited solely t ohospitals or are all charities deprived of immunity? 2. Has Ohio adopted the New York Rule?


Appeasement Of Tort Claimants, S. Burns Weston Jan 1957

Appeasement Of Tort Claimants, S. Burns Weston

Cleveland State Law Review

Justice does not always mean that a case should be tried. By the same token, justice does not always mean that every case should be settled without trial. One of our difficulties is that too often there is more interest in the expedient settlement of differences between litigants than in a judicial determination of rights according to principles of law.


The Pathologist And The Autopsy, Lawrence J. Mccormack Jan 1957

The Pathologist And The Autopsy, Lawrence J. Mccormack

Cleveland State Law Review

The autopsy, properly performed, remains one of the keystones of modern medicine. However, obtaining the legally required consent or authorization for a medical autopsy can be a complex, almost impossible task. Simplification of the legal requirements for consent throughout the United States would be a definite step forward for medicine, and would benefit society generally.


Conversion Hysteria - An Explanation For Attorneys, Ewing H. Crawfis Jan 1957

Conversion Hysteria - An Explanation For Attorneys, Ewing H. Crawfis

Cleveland State Law Review

Conversion Hysteria is a diagnostic term used by physicians and particularly in one specialty of medicine-namely psychiatry. Attorneys encounter this term as it is applied to certain individuals who come to them in the course of their practice particularly in cases involving personal injury and claims for compensation. This paper is being presented in an effort to explain and clarify this diagnostic term for attorneys.


Whiplash - Defense Counsel's View, Harley J. Mcneal Jan 1957

Whiplash - Defense Counsel's View, Harley J. Mcneal

Cleveland State Law Review

Many words have been spoken and written on the controversial subject of whiplash injuries of the cervical spine. However, no papers have been noted which discuss the problem from the viewpoint of the defense trial attorney. From a defense standpoint, some of the medical phrases or words used by doctors today have devastating psychological effects upon jurors trying personal injury cases. The word "whiplash" is one of these "coined" words. Thus, while it is conceded that medical men are only trying to define particular injuries with preciseness, the constant use and repetition of such words or terms cause the average ...


Jury Instructions On Tax Exemption In Personal Injury Cases, Edwin Knachel Jan 1957

Jury Instructions On Tax Exemption In Personal Injury Cases, Edwin Knachel

Cleveland State Law Review

The practical aspects of instructing a jury that the amount of its verdict in a personal injury case is exempt from federal income taxation, of course, relate to the trend of the times. Jury verdicts in personal injury cases throughout the United States have been increasing in amount due to the booming economy of our times and the inflation of the dollar.


The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell Jan 1957

The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell

Cleveland State Law Review

This article is written on behalf of the many trauma patients and their trial attorneys who discover to their horror, that their important medical witness - the "attending" doctor, - suffers from "Globus Hystericus". It is hoped that this paper may prove to be the elusive Rx to cure some difficulties raised by those few physicians (and yet there are too many) who hide their fear of the witness chair behind lame excuses, or even behind flat refusals to testify.