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Articles 1 - 14 of 14
Full-Text Articles in Law
Torts - Liability Of Manufacturer To Remote Vendee
Torts - Liability Of Manufacturer To Remote Vendee
Michigan Law Review
In the now famous case of MacPherson v. Buick Motor Company the New York Court of Appeals was faced with the question of the liability of a motor manufacturer to a plaintiff who had purchased a car from a retailer and who had been injured at the time of the coIIapse of a defective wheel. In deciding that such a manufacturer owed a duty to use reasonable care in inspection of the wheels which were to be placed under the assembled car, Justice Cardozo said: "We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, …
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Michigan Law Review
Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …
Torts - Release Of One Responsible For Injury As Bar To Action Against Physician For Malpractice - Splitting Cause Of Action
Michigan Law Review
In an action brought for damages arising out of alleged negligent treatment of an injury, defendant pleaded a general release of the city of Minneapolis and other alleged joint tort-feasors whom plaintiff had first sued for damages resulting from the injury. In affirming the judgment for defendant on the pleadings, held, that the release barred the cause of action. Smith v. Mann (Minn. 1931) 239 N. W. 223.
Liability Without Fault And Proximate Cause, Fowler V. Harper
Liability Without Fault And Proximate Cause, Fowler V. Harper
Michigan Law Review
As a logical matter there seem to be two possible schemes of legal liability. The first one may be stated as follows: One may be liable for all consequences of all of his acts. While it has been suggested that this was the principle of the mediaeval law, it has been pointed out by Professor Winfield that such was never literally the case. Under this principle, as he has shown, everyone would be in jail except for these reasons: no one could legally put anyone else in jail, no one could legally keep anyone else in jail, and no one …
Pleading - Last Clear Chance
Michigan Law Review
Plaintiff was riding a bicycle on a bridge. Defendant, towing a truck, sounded his horn and plaintiff drove to the left while defendant passed, but was struck by the truck. The judge charged that if defendant was travelling at an excessive rate of speed, and injury resulted from that cause, plaintiff could recover although negligent. Held, reversed, on the ground, among others, that the instruction as to least clear chance was not supported by any pleading. Steele v. Brada et al. (Iowa 1931) 239 N. W. 538.
Bailments - Innkeepers - Liability For Loss Of Baggage
Bailments - Innkeepers - Liability For Loss Of Baggage
Michigan Law Review
Plaintiff, a guest at defendant's hotel, on his arrival there gave his trunk check to the head porter who, in turn, gave the check to a licensed expressman. Due to the expressman's negligence the trunk was stolen. At the trial it was shown that it was customary for the defendant to make a separate charge for trunk delivery. Held, defendant was liable for the negligent performance of the contractual duties by the expressman. Davidson v. Madison Corp. (N. Y. 1931) 177 N. E. 393.
Pledge - Liability Of Pledgee For Depreciation Of Corporate Stock
Pledge - Liability Of Pledgee For Depreciation Of Corporate Stock
Michigan Law Review
The plaintiff brought suit to recover the value of a promissory note for which the defendant had pledged corporate stock as collateral security. Defendant filed a counterclaim for the depreciation in value of the stock between the time he had requested the plaintiff to sell and the time of bringing the suit. Held, that plaintiff was not liable for the depreciation of the stock since the pledgor had made no offer to pay pledgee such sum as would together with the price for which the stock could have been sold satisfy the note. People's Nat. Bank & Trust Co. …
Banks And Banking -Sending Items Directly For Collection - Liability For Accepting A Draft In Payment
Michigan Law Review
The plaintiff deposited two checks, drawn on the X bank, with the A bank, a member of the B Federal Reserve Bank. The A bank sent the items for collection directly to the defendant Federal Reserve Bank of Minneapolis, which forwarded them directly to the X bank. After marking the checks paid, the X bank remitted to the defendant its draft on the Y bank. The draft was dishonored because of the intervening insolvency of the X bank; and the checks were accordingly charged back by the defendant to the B bank ( of which the A bank was a …
Negligence--Liability Of Manufacturer To User Of Goods, James T. Hatcher
Negligence--Liability Of Manufacturer To User Of Goods, James T. Hatcher
Kentucky Law Journal
No abstract provided.
Attorney And Client--Negligence Of An Attorney In Preparation Of A Will, Walter D. Vest
Attorney And Client--Negligence Of An Attorney In Preparation Of A Will, Walter D. Vest
Kentucky Law Journal
No abstract provided.
Bills And Notes - Price V. Neal - Culpability Of Holder Which Permits Drawee Who Has Paid To Recover
Bills And Notes - Price V. Neal - Culpability Of Holder Which Permits Drawee Who Has Paid To Recover
Michigan Law Review
In an action by the bank to recover money paid on a check from the holder bank which had cashed the check for an unknown payee without requiring identification, and had then presented it to the drawee bank for payment, the drawer's name being forged, it was held that the drawee bank could recover, on the ground that the holder's negligence had lulled the drawee into indifference as to the drawer's signature when paying the check. Louisa Nat. Bank v. Kentucky Nat. Bank (Ky. 1931) 39 S.W. (2d) 497.
Liability Without Fault And Proximate Cause, Fowler V. Harper
Liability Without Fault And Proximate Cause, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Damages - Death Of Minor Child Caused By Negligent Act
Damages - Death Of Minor Child Caused By Negligent Act
Michigan Law Review
The defendant's negligence, resulting in the death of a child four years and nine months old, caused the jury to assess damages at $4,500 in an action brought for the benefit of the parents pursuant to the terms of the Death Act, (2 N. J. Comp. Stat. 1907, 1908 (1910)) which provides that "in every such action the jury may give such damages as they shall deem fair and just with reference to the pecuniary injury resulting from such death . . . . " On appeal, the supreme court held the damages excessive, and reduced the amount of recovery …