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Full-Text Articles in Law

Particularizing Standards Of Conduct In Negligence Trials, James Fleming Jr., David K. Sigerson Jun 1952

Particularizing Standards Of Conduct In Negligence Trials, James Fleming Jr., David K. Sigerson

Vanderbilt Law Review

The general principles to be applied by court or jury in deciding whether conduct is reasonable have been examined elsewhere.' The problem to be dealt with here concerns the specific application of the law's standard of conduct to concrete cases. How, that is, may it be shown what a party or his opponent should have done, in the way of taking precautions or the like, in the situation presented by the evidence? What kinds of proof or argument are available to make this showing? When must such a showing be made by proof? Is the jury or court to determine …


Nichols V. Mccoy [Dissent], Jesse W. Carter Feb 1952

Nichols V. Mccoy [Dissent], Jesse W. Carter

Jesse Carter Opinions

Plaintiff's argument that it was error to allow toxicologist to testify to the contents of an official record was without merit because there was no objection to the testimony at trial; hence, on appeal it was too late to challenge the admission.