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- Negligence (8)
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- Accident (2)
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- Collision (2)
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- German law (2)
- Joinder of claims (2)
- Permissive joinder (2)
- Splitting a cause of action (2)
- Zivilprozessordnung (2)
- Acuff v. Schmit (1)
- Alabama Dead Man's Statute (1)
- Allied Equipment Co. v. Weber Engineered Products (1)
- Anguish (1)
- Apparent authority (1)
- As-of-one's-own-knowledge (1)
- Automobile guest statute (1)
- Autopsy (1)
- Buchanan v. General Motors Corp. (1)
- Carpool (1)
- Cary v. Thomas (1)
- Cause of action (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky
Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky
Michigan Law Review
Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Michigan Law Review
More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …
Negligence - Duty Of Care - Liability Of Owner Of Place Of Amusement For Injury To Spectator Caused By Act Of Third Person, Harry D. Krause
Negligence - Duty Of Care - Liability Of Owner Of Place Of Amusement For Injury To Spectator Caused By Act Of Third Person, Harry D. Krause
Michigan Law Review
Plaintiff, a spectator at a public wrestling match, sustained injuries when another spectator threw a filled Coca-Cola bottle into the crowd. A disturbance had been in progress for several minutes. The guards hired by defendant, the owner of the establishment, had made no effort to stop it. The bottle was grabbed from the tray of a drink vendor who had been instructed to retain all bottles and to serve drinks in paper cups only. The trial court granted a nonsuit. On appeal, held, reversed. The evidence of the owner's negligence in not protecting the spectator from this injury sufficed …
Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.
Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.
Michigan Law Review
In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …
Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.
Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.
Michigan Law Review
In the summer of 1949, appellant entered into an oral contract for an indefinite time with the appellee whereby the former was granted an exclusive wholesale distributorship of appellee's farm and garden equipment. A four-year period followed in which appellant increased the number of dealers in appellee's product from four or five in 1949 to over one hundred in 1953. In the latter part of 1952 appellant contemplated an enlargement of its facilities which would require it to enter upon a fifteen-year lease. Since the lessor desired some assurances as to the duration of appellant's franchise, appellant wrote to appellee …
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Michigan Law Review
Plaintiff was a passenger in an automobile which collided with one driven by defendant's intestate. Both drivers were killed, and plaintiff sued defendant, administrator of intestate's estate, for personal injuries, alleging negligence. There were no other eye-witnesses to the collision, and the trial court, relying upon the Alabama dead man's statute, would not permit plaintiff to testify to any of the details or circumstances of the accident, or even to the fact that she had been involved in an accident with an automobile driven by the decedent. The jury found for defendant. On appeal, held, reversed. Plaintiff, passenger in …
Torts - Recent Legislation - Parental Liability Statutes, Joseph T. De Nicola, William J. Wise, Robert C. Casad S.Ed.
Torts - Recent Legislation - Parental Liability Statutes, Joseph T. De Nicola, William J. Wise, Robert C. Casad S.Ed.
Michigan Law Review
Fourteen states now have statutes imposing vicarious liability upon parents for tortious acts of their children. These statutes, with one exception, all have been enacted within the past six years, and they present the most significant attempt to date by legislatures to control the incidence and remedy the effects of juvenile vandalism. The parental liability laws vary with respect to the ages of the children covered, and they place different pecuniary limits on the extent of the parent's liability. Coverage may extend to personal injuries as well as to property damage. All except the Louisiana statute, however, apply only to …
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Michigan Law Review
Plaintiff was a gratuitous passenger in an automobile driven by defendant. Defendant, intending to coast to his destination, turned off the ignition, removed the key, and placed it in his pocket. The removal of the key caused the steering gear to lock, and defendant was unable to avoid a collision with a tree. Plaintiff suffered injuries and brought suit. Evidence was adduced to show that in defendant's type of automobile the steering wheel was so constructed as to lock upon removal of the key. Testimony revealed that defendant understood the general operation of the lock, but that the particular mechanism …
Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner
Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner
Michigan Law Review
Plaintiff real estate company brought suit against the directors of a corporation and other third persons for an alleged conspiracy to induce the corporation to breach its contract with plaintiff. The complaint alleged that the corporation had entered into an agreement whereby plaintiff was to procure a purchaser for certain premises owned by the corporation and that plaintiff had found a purchaser; that before a written offer could be obtained, the corporation contracted to sell to another broker who was to be used as a conduit to transfer title to the purchaser found by the plaintiff, and who was to …
Partnership - Partnership By Estoppel -Application To Tort Actions, Thomas Erickson S.Ed.
Partnership - Partnership By Estoppel -Application To Tort Actions, Thomas Erickson S.Ed.
Michigan Law Review
Plaintiff-motorist brought action against defendant who, it was alleged, owned a truck which was driven into the rear of the plaintiff's automobile. Defendant had arranged to take title to the truck from his son. The transfer was to be effective three days before the accident but was not in fact completed until after the accident. Defendant also had taken out insurance on the truck and had joined with his son in purchasing it and in taking out an ash-hauling license in which business the truck was used. Other trucks previously used in the business by defendant's son had been carried …
Torts - Uniform Contribution Among Tortfeasors Act - Effect Of Release On Injured Person's Claim, Herbert A. Bernhard S.Ed.
Torts - Uniform Contribution Among Tortfeasors Act - Effect Of Release On Injured Person's Claim, Herbert A. Bernhard S.Ed.
Michigan Law Review
Plaintiffs were injured in a collision involving vehicles driven by the individual defendants Hershberger and Mong. Mong settled with each of the seven plaintiffs for varying amounts, receiving from them releases which not only discharged him from all liability but also reduced the damages recoverable against Hershberger by fifty percent. Plaintiffs then sued Hershberger, who joined Mong as an additional defendant. After verdicts were rendered against both defendants, the trial court denied Hershberger's motion to compel reduction of the verdicts so that in each of the seven instances his liability would be the lesser of (a) fifty percent of the …
Pierson: The Defense Attorney And Basic Defense Tactics; Defense Law Journal, Vol.1, Marcus L. Plant
Pierson: The Defense Attorney And Basic Defense Tactics; Defense Law Journal, Vol.1, Marcus L. Plant
Michigan Law Review
A Review of The Defense Attorney and Basic Defense Tactics. By Welcome D. Pierson., DEFENSE LAW JOURNAL, vol. 1.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
In review we can say that within a comparatively broad field of the American law required joinder of claims is the rule. There are some exceptions. The German law has no rule of compulsory joinder of claims. Here, there are some exceptions, too. In this sense and within a field which is marked out by the American rule and the German exceptions, the relationship of rule and exceptions is reversed in the two systems.
Regulation Of Business - Robinson-Patman Act - Injury To Competition Between Buyers Of Auto Parts, A. Duncan Whitaker S.Ed.
Regulation Of Business - Robinson-Patman Act - Injury To Competition Between Buyers Of Auto Parts, A. Duncan Whitaker S.Ed.
Michigan Law Review
Petitioner manufactured and sold automobile parts to distributors who resold them to jobbers in interstate commerce. The products were classified into three lines: leaf spring line, coil action line, and piston ring line. A progressive, cumulative discount was given in each line, based upon the aggregate yearly purchases of either a single buyer or a group-buying organization. The Federal Trade Commission charged petitioner with price discrimination in violation of the Robinson-Patman Act. Every customer who testified at the hearing denied that he had been injured competitively by the petitioner's pricing practices. Nevertheless, in view of the substantial price differentials, the …
Torts - Federal Tort Claims Act - Liability Of United States For Negligence Of Government Firemen, James M. Porter S.Ed.
Torts - Federal Tort Claims Act - Liability Of United States For Negligence Of Government Firemen, James M. Porter S.Ed.
Michigan Law Review
Plaintiff brought suit under the Federal Tort Claims Act against the United States for damages resulting from the negligence of the United States Forest Service in combating a fire that destroyed plaintiff's property. The Forest Service had entered into an agreement with the State of Washington to prevent and suppress any fires in the area in which plaintiff's land was situated. The federal district court dismissed the complaint for failure to state a cause of action and the court of appeals affirmed. On certiorari, to the United States Supreme Court, held, judgment vacated and case remanded to the district …
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
This comparative study is confined to the situation of one claimant against one claimee. The principles which will be considered seem to be rather well settled both in the American and the German law. The fact, however, that besides many a common result we shall find fundamental differences in the pertinent basic concepts of the American and German systems makes the discussion worthwhile. It may, at least, promote a reconsideration of the propriety of those concepts.
Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff
Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff
Michigan Law Review
Plaintiff's fishing vessel was struck and sunk by a practice bomb released from a Marine Corps aircraft. An action was brought against the government under the Federal Tort Claims Act. Plaintiff could produce no proof of negligence on the part of the government. Held, recovery allowed. The doctrine of res ipsa loquitur is applicable. Goodwin v. United States, (E.D. N.C. 1956) 141 F. Supp. 445.
Civil Procedure - Joinder Of Statutory Causes Of Action With Common Law Negligence Where There Are Different Parties Defendant, George W. Marti
Civil Procedure - Joinder Of Statutory Causes Of Action With Common Law Negligence Where There Are Different Parties Defendant, George W. Marti
Michigan Law Review
Plaintiff brought an action against defendant for injuries received in an automobile accident caused by defendant's negligence in driving while intoxicated. She sought to join with this claim actions against several bar owners under a statute providing for liability of bar owners for injuries caused by one to whom they had unlawfully sold alcoholic beverages. One of the defendant bar owners moved to dismiss for misjoinder or to compel an election of causes on the ground that since only compensatory damages could be recovered against the defendant-consumer upon common law negligence, and both exemplary and compensatory damages could be recovered …
Husband And Wife - Right Of Wife To Sue For Loss Of Consortium Due To Negligent Injury To Husband, James M. Porter S.Ed.
Husband And Wife - Right Of Wife To Sue For Loss Of Consortium Due To Negligent Injury To Husband, James M. Porter S.Ed.
Michigan Law Review
Plaintiff brought an action for loss of consortium with her husband, allegedly due to defendant's negligent injury of the husband. In a prior suit the husband's cause of action against the defendant had been settled and dismissed with prejudice. The trial court dismissed the present suit for failure to state a cause of action. On appeal, held, reversed. The wife has a valuable property right of consortium. Iowa statutes pertaining to the rights of married women clearly indicate the intent of the legislature to remove the common law bar of coverture that prevented a wife from maintaining an action …
Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.
Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.
Michigan Law Review
Plaintiff as widow and administratrix seeks damages from the United States for the alleged wrongful death of her husband on the high seas. Action was brought at law under the Federal Tort Claims Act. Government's motion to dismiss was sustained. There is no common law cause of action for wrongful death on the high seas. The federal Death on the High Seas Act gives a remedy to the representative only "in Admiralty," and thus jurisdiction is lacking at law in the district court. Kunkel v. United States, (S.D. Cal. 1956) 140 F. Supp. 591.
Master And Servant - Independent Contractor - Inherent Danger Exception, Jerome K. Walsh, Jr. S.Ed.
Master And Servant - Independent Contractor - Inherent Danger Exception, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was a home-owner whose home was fumigated by an independent contractor. Plaintiff was the administrator of the estate of a water softener service man, who entered the home and was overcome by the cyanide gas used in the operation. It was agreed by the parties that the contractor was negligent in failing to lock all entrances to the home, and in not posting warnings at all entrances. Plaintiffs request to charge the jury that the work was inherently dangerous was refused. The court instructed the jury to determine whether or not the defendant had used due care in selecting …
Admiralty - Collision - Duty Of Third Vessel To Give Warning, Michael Scott
Admiralty - Collision - Duty Of Third Vessel To Give Warning, Michael Scott
Michigan Law Review
Washington, a private merchantman proceeding north at night through a large United States Navy formation steaming west, received no warning from formation commanders that Ruchamkin, an escort, was rejoining from the east. Uninformed of Washington's presence and ordered to resume station expeditiously, Ruchamkin entered the formation at high speed. Despite late radical maneuvers upon discovery of Washington close aboard, Ruchamkin was struck by the latter's bow with resulting damage to both ships. On reciprocal libels, held, decree for Washington's owner. In addition to Ruchamkin's failure to anticipate Washington, the United States was negligent in that the …
Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich
Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich
Michigan Law Review
The plaintiff, an infant, fell from the back porch of an apartment leased by his parents from a housing authority. The plaintiff brought actions for negligence against the architect who designed the dwelling, the builder who constructed it, and the housing authority which leased it, alleging that the back porch was so designed and constructed as to create a dangerous condition for the users thereof. The trial court dismissed the complaints against the builder and the architect. On appeal, held, reversed. Despite the lack of privity between the builder and the architect and the plaintiff, a good cause of …
Torts - Unauthorized Autopsy - Non-Survival Of Action, Lee H. Snyder
Torts - Unauthorized Autopsy - Non-Survival Of Action, Lee H. Snyder
Michigan Law Review
Plaintiff's husband was struck and killed by a motorbus owned and operated by defendant municipality. The body was removed to a hospital maintained by defendant. Subsequently, at the request and direction of a physician employed by defendant, an autopsy was performed, apparently to determine whether the deceased had been drinking. During the examination certain organs were removed and destroyed. Plaintiff brought an action for damages on the ground that the mutilation was done without her consent and in violation of her legal right to the possession of the body. Plaintiff died while the action was pending, and her administrator continued …
Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day
Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day
Michigan Law Review
The Wisconsin Supreme Court affirmed the circuit court's enforcement of an order obtained by the Kohler Company from the Wisconsin Employment Relations Board enjoining the appellant union, as a violation of the "Wisconsin Employment Peace Act, from further engaging in mass picketing, coercion, and other activities, which were also unfair labor practices under the amended National Labor Relations Act, to which the Kohler Company was subject. On appeal to the United States Supreme Court, held, affirmed, three justices dissenting. While, as a general matter, a state may not, in furtherance of its public policy, enjoin conduct which has been …
Agency - Apparent Authority - Liability Of Corporation On Unauthorized Note Of General Manager, Thomas A. Troyer
Agency - Apparent Authority - Liability Of Corporation On Unauthorized Note Of General Manager, Thomas A. Troyer
Michigan Law Review
Welch, the general manager, executive vice-president, treasurer, and director of petitioner corporation, requested that respondent, a salesman employed by the corporation, loan petitioner $25,000. Respondent complied, and Welch executed and delivered to respondent a note for the amount of the loan, signed by himself as vice-president and treasurer. After Welch had appropriated the money to his own uses, respondent obtained a judgment by confession against petitioner on the note. On trial of a petition to open the judgment, held, dismissed. Welch had acted with apparent authority in giving respondent petitioner's note, respondent had reasonably relied upon this appearance in …
Torts - Guest Statute - Carpools, Ross Kipka S.Ed.
Torts - Guest Statute - Carpools, Ross Kipka S.Ed.
Michigan Law Review
Plaintiff, a passenger, and defendant's decedent, the driver on the day in question, were two of six members of a carpool, each of whom drove every six.th day from the town where they all lived to the place of their common employment, thereby effecting a saving to each of approximately five dollars per week. As a result of a collision due to ordinary negligence of the driver, plaintiff was injured and sued for damages, alleging that he was not a guest passenger. The court submitted to the jury the question of whether plaintiff was a passenger for hire or a …
Torts - Misrepresentation - Knowledge Of Falsity Unnecessary, Gerald D. Rapp
Torts - Misrepresentation - Knowledge Of Falsity Unnecessary, Gerald D. Rapp
Michigan Law Review
Defendant, a real estate broker, while showing plaintiffs a house which they subsequently purchased told them that the walls of the house were of tile construction with imitation stone on the outside. Defendant reasonably believed this to be true, although the walls actually had been cleverly constructed of earth, clay, and straw with a plaster covering on the inside and a tarlike preparation on the outside covered with a thin veneer of imitation stone, completely concealing their true nature. Purchasers brought an action, on the theory of deceit, against the broker to recover damages. A jury verdict for plaintiffs was …
Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed.
Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed.
Michigan Law Review
Plaintiff, a minor, sustained injuries in a collision which occurred while he was riding in a car owned and driven by defendant, his father. The complaint alleged that defendant was guilty of willful and wanton misconduct, consisting of speeding on a wet road on a foggy night and of running a stop light. A motion to dismiss on the ground that the suit was contrary to public policy was sustained. On appeal, held, reversed. The doctrine of parental immunity is inapplicable to cases of willful and wanton misconduct. Nudd v Matsoukas, (III. 1956) 131 N.E. (2d) 525.