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- Liability (4)
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Articles 1 - 9 of 9
Full-Text Articles in Law
Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.
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.
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.
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.
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.
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-The Discretionary Function Exception In The Federal Tort Claims Act, Howard A. Cole S.Ed.
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 …
Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.
Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.
Michigan Law Review
The City of Knoxville owned and operated a municipal airport under authority of a state statute which permitted a municipality to acquire, maintain, and operate a municipal airport in its governmental capacity, and which barred suits against the municipality with respect to its operation of the airport. The city carried a policy of liability insurance covering it in the ownership and operation of the airport. Plaintiff was injured by a fall at the airport terminal building, and instituted a negligence action against the city. The city moved for dismissal, relying upon the immunity given it by the statute. Held, …
Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.
Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.
Michigan Law Review
Plaintiff was employed as defendant's bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband's oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb. The lower court decided that the injury was one arising out of and in the course of plaintiff's …
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Michigan Law Review
Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …