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Michigan Law Review

1940

Due care

Articles 1 - 3 of 3

Full-Text Articles in Law

Charities - Torts - Liability Of Charitable Corporations For Their Torts, Raymond H. Rapaport Nov 1940

Charities - Torts - Liability Of Charitable Corporations For Their Torts, Raymond H. Rapaport

Michigan Law Review

Plaintiff was employed by defendant to assist in the work of redecorating defendant's building, and was injured because of defendant's alleged failure to provide a suitable place to work. To plaintiff's plea for damages defendant answered that since it was a charitable corporation it was, therefore, immune from such action. Held, charitable corporations are not immune from liability for torts by reason of any exemption accorded them on the basis of the purposes for which they were incorporated. Gable v. Salvation Army, 186 Okla. 687, 100 P. (2d) 244 (1940).


Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review May 1940

Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review

Michigan Law Review

The defendant manufacturer sold a storekeeper, as a protective weapon, a tear gas gun made to resemble a fountain pen, recommending to the storekeeper that the gun lie open and exposed in his shop and representing that tear gas was a harmless irritant and would not injure permanently. The plaintiff, a customer in the store, idly picked up the gun-pen from beside the cash register, and while examining it, ignorant of its nature, accidentally discharged it into his face. Permanent injuries resulted for which plaintiff sued defendant, claiming negligence. Held, two justices dissenting, that no act of negligence was …


Torts - Liability Of Manufacturer Of Poison To Remote Users, Michigan Law Review May 1940

Torts - Liability Of Manufacturer Of Poison To Remote Users, Michigan Law Review

Michigan Law Review

Defendant manufacturer sold poisonous hair dye to a beautician, instructing her to warn patrons to keep their eyes closed when the dye was being applied. The beautician failed to so inform the plaintiff, a patron, and the plaintiff suffered injuries for which she now sues. Held, the manufacturer's warning to the immediate vendee did not relieve him of liability to vendee's patron. Petzold v. Roux Laboratories, 256 App. Div. 1096, 11 N. Y. S. (2d) 565 (1939).