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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.
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 …
Workmen's Compensation - Federal Employers' Liability Act - Coverage Under 1939 Amendment, Robert J. Hoerner
Workmen's Compensation - Federal Employers' Liability Act - Coverage Under 1939 Amendment, Robert J. Hoerner
Michigan Law Review
In 1956 the Supreme Court handed down two decisions interpreting the 1939 Amendment to the Federal Employers' Liability Act which substantially extended the act's coverage. The purpose of this short comment is to examine this extension and its impact on the perennial controversy between advocates of the FELA on the one hand and workmen's compensation on the other.
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 …
Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.
Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.
Michigan Law Review
Plaintiff-employee was compensated for injuries received when she slipped on a patch of ice and fell on defendant-employer's premises while going from her work to eat lunch in defendant's cafeteria. On appeal, held, reversed. At the time of the injury plaintiff was not rendering any service to her employer. There was no causal connection between employment and injury, and the injury did not arise out of and in the course of her employment as required by statute. Mack v. Reo Motors, Inc., 345 Mich. 268, 76 N.W. (2d) 35 (1956).