Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Law

Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield Dec 1941

Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield

Michigan Law Review

One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …


Bills And Notes - Rule Of Price V. Neal - Application To Nonnegotiable Instruments And Money Orders, Edward W. Adams Nov 1941

Bills And Notes - Rule Of Price V. Neal - Application To Nonnegotiable Instruments And Money Orders, Edward W. Adams

Michigan Law Review

From a Mississippi post office, B stole fifty-five postal money order blanks. Notice of the theft was sent by the Post Office Department to all post offices. B filled in twelve of the blanks, making them appear genuine in all respects, and presented them to be cashed at defendant bank. In reliance on a confirmation of the validity of the money orders, received by calling a branch post office, defendant cashed them, giving B cash and travelers checks and starting a bank account for the balance. Defendant presented the orders at the main post office, and they were paid without …


Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review Nov 1941

Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review

Michigan Law Review

Plaintiff was injured in a collision between the car in which she was riding and a negligently driven fire truck owned by the defendant municipality. Plaintiff's declaration alleged that the fire trucks had been habitually driven in a grossly negligent manner, but the evidence offered at the trial did not substantiate this allegation. The trial court instructed the jury that it could include in the verdict such sum as might be warranted by the evidence as punitive or exemplary damages. The jury awarded $5,000 damages. Held, that plaintiff could recover for torts committed by the fire department, and that …


Res Ipsa Loquitur And Proof By Inference -- A Discussion Of The Louisiana Cases, Wex S. Malone Nov 1941

Res Ipsa Loquitur And Proof By Inference -- A Discussion Of The Louisiana Cases, Wex S. Malone

Louisiana Law Review

No abstract provided.


Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review May 1941

Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review

Michigan Law Review

The defendant was convicted of negligent homicide as the result of a collision between his car and another, in which an occupant of the other car was killed. The trial court charged the jury, inter alia, "The court submits the case to you for your determination. The view of the court is that under the law there is only one verdict that can be found by the jury under the evidence in this case in its most favorable light." This was objected to by the defendant as error. Held, the instruction was in effect a direction of a verdict …


Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman May 1941

Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman

Michigan Law Review

Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, …


Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead Mar 1941

Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead

Michigan Law Review

Plaintiff sued for loss of her right of consortium occasioned by the illness and death of her husband as a result of a sale of liquor by defendant in violation of a state statute. Defendant demurred on the ground that there was no cause of action granted by the statute for damages flowing from such an illegal sale. Held, an action for injury to the wife's right of consortium was available at common law. Swanson v. Ball, (S. D. 1940) 290 N. W. 482.


Torts-Right Of Child To Recover From Doctor For Injuries Received Before Birth As Result Of Negligent Treatment Of The Mother [Stemmer V. Kline, N. J. 1940] Mar 1941

Torts-Right Of Child To Recover From Doctor For Injuries Received Before Birth As Result Of Negligent Treatment Of The Mother [Stemmer V. Kline, N. J. 1940]

Washington and Lee Law Review

No abstract provided.


Negligence, The Standard Of Care Of Infants In Civil Cases, Mary Louise Barton Jan 1941

Negligence, The Standard Of Care Of Infants In Civil Cases, Mary Louise Barton

Kentucky Law Journal

No abstract provided.


Book Review. Handbook Of The Law Of Torts By William L. Prosser, Fowler V. Harper Jan 1941

Book Review. Handbook Of The Law Of Torts By William L. Prosser, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.


Negligence: The Standard Of Care Required Of Physicians, Roy Vance Jr. Jan 1941

Negligence: The Standard Of Care Required Of Physicians, Roy Vance Jr.

Kentucky Law Journal

No abstract provided.


Negligence: The Standard Of Care Required Of Physicians And Surgeons, Roy Vance Jr. Jan 1941

Negligence: The Standard Of Care Required Of Physicians And Surgeons, Roy Vance Jr.

Kentucky Law Journal

No abstract provided.


The Breach Of A Penal Statute Which Has For Its Purpose The Protection Of The Individual Members Of The General Public As Evidence Of Negligence, Glenn Denham Jan 1941

The Breach Of A Penal Statute Which Has For Its Purpose The Protection Of The Individual Members Of The General Public As Evidence Of Negligence, Glenn Denham

Kentucky Law Journal

No abstract provided.


Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr. Jan 1941

Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.

Michigan Law Review

Appellant, administrator of the deceased's estate, sued the defendant for damages caused by its negligent failure to accept or reject deceased's application for life insurance within a reasonable time. A deposit had been made on the premium, and, but for the delay, the policy would have been approved and the deceased covered by it at the time of his death. The jury returned a verdict for the appellant, who appealed when the judge rendered judgment non obstante veredicto in favor of appellee. Held, that the insurance company was under no duty to accept or reject the application within a …