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Articles 1 - 30 of 54
Full-Text Articles in Law
Torts - Negligence - Liability For Injuries Caused By Fright
Torts - Negligence - Liability For Injuries Caused By Fright
Michigan Law Review
Plaintiff's testatrix, a passenger in an automobile which collided with a machine negligently operated by defendant, suffered no serious physical injuries from the collision. However, "within a few minutes after the accident, she stepped from the automobile and started to write down the defendant's name and license number," but, due to her fright, she fainted and fell, fractured her skull, and died. Judgment for plaintiff was affirmed in the appellate division. The New York court of appeals held that the judgment should be affirmed, and upheld the trial court in its refusal to instruct the jury that it must find …
Torts--Interference With Contracts To Marry, August W. Petroplus
Torts--Interference With Contracts To Marry, August W. Petroplus
West Virginia Law Review
No abstract provided.
Torts - Recovery For Injuries Caused By Fright
Torts - Recovery For Injuries Caused By Fright
Michigan Law Review
The manager of one of defendant's branch stores, in filling an order for a loaf of bread, delivered a dead rat to the plaintiff. The plaintiff incurred serious physical injuries as a result of the fright and shock. In plaintiff's suit against the defendant company it was held that there could be a recovery for physical injuries caused by fright alone. Great Atlantic and Pacific Tea Co. v. Roch (Md. 1931) 153 Atl. 22.
Negligence - Liability Of Manufacturers To Third Parties
Negligence - Liability Of Manufacturers To Third Parties
Michigan Law Review
Plaintiff was engaged in selling bottled beverages at a roadside stand. While she was attending to her duties, a bottle filled with carbonated soda pop exploded, throwing glass particles into her eye and eventually causing the loss of sight. Plaintiff proved that the bottle was defective, that proper inspection would have revealed the defect, and that neither the bottle manufacturer nor the bottler had made proper inspection. Held, both the manufacturer and the bottler are liable to plaintiff for injuries sustained. Smith v. Peerless Glass Co., 251 N. Y. S. 708 (1931).
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Michigan Law Review
The recent case of Ralston v. Ralston presents the question: What kind of conduct on the part of the husband will be construed as a tort to the wife's separate property so as to entitle her to sue her husband? In that case the parties were living apart under a deed of separation, executed in 1899. The alleged defamatory words, the action being libel, were contained in an inscription (referring to another woman) on a tombstone, erected by the defendant husband, which read: "In loving memory of Jennie, the dearly beloved wife of W. R. C. Ralston . . . …
Appeal And Error - General Verdict On Several Counts- Several Specifications Of Negligence As Constituting One Cause Of Action
Michigan Law Review
In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous …
Observations On Last Clear Chance In West Virginia, Robert T. Donley
Observations On Last Clear Chance In West Virginia, Robert T. Donley
West Virginia Law Review
One who undertakes a discussion of the doctrine of last clear chance need make no apologies to those who have had occasion to inquire, even superficially, into the subject. The perfectly bewildering assortment of cases in West Virginia applying the principle indiscriminately under the guise of proximate cause, supervening negligence, or wilful negligence, point to the necessity for an attempt at clarification. It is the purpose of this article to make that attempt, to analyze the reported cases, pointing out those believed to be incorrectly decided, and to submit definite classifications and rules of application tending to produce rational decisions …
Infants-Liability On Tort Arising Out Of Contract
Infants-Liability On Tort Arising Out Of Contract
Michigan Law Review
Plaintiff was the assignee of a conditional sales contract for an automobile purchased by defendant, a minor. The contract contained a provision that the car should not be used in connection with any violation of any state or federal law. The defendant was apprehended by federal officers while using the car for the illegal transportation of liquor. The car was seized and later forfeited, and the plaintiff brought a tort action for the conversion of the car. Held, the infancy of the conditional buyer was no defense to an action for conversion by a wilful, illegal use. Vermont Acceptance …
Avoiding Injurious Consequences, Charles T. Mccormick
Avoiding Injurious Consequences, Charles T. Mccormick
West Virginia Law Review
No abstract provided.
Agency--The Course Of Employment--Tort Of Auto Salesman, Henry P. Snyder
Agency--The Course Of Employment--Tort Of Auto Salesman, Henry P. Snyder
West Virginia Law Review
No abstract provided.
Negligence-Attractive Nuisance-Ponds
Negligence-Attractive Nuisance-Ponds
Michigan Law Review
The eleven year old son of the plaintiff was drowned by falling from a raft into a pond located upon the defendant's water-works property immediately adjacent to a public bathing beach. The pond was undeniably attractive to children and was left without guards, notices, or protection, and there was no clear indication where the public beach ended and the city property began. The lower court held that this constituted an attractive nuisance, but it was held on appeal that the doctrine of attractive nuisance does not apply to ponds. Fiel v. City of Racine (Wis. 1930) 233 N.W. 611.
Negligence-Proximate Cause
Michigan Law Review
Defendant automobile driver, stopping his car between a line of parked motor cars and some street car tracks, opened the door on the left side of the automobile, with the result that the handle bar of plaintiff's bicycle struck the edge of the car door and plaintiff was thrown to the ground and injured. In the supreme court of Wisconsin, in an opinion containing, among other interesting features, model instructions for juries in the trial courts, it was held that liability for consequences of negligent acts is not limited to probable consequences but may attach to unforeseeable and improbable consequences. …
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Michigan Law Review
Plaintiff parked his car in defendant's parking lot, which was open to the public although no attendant appears to have been on duty. There was an unguarded excavation about forty feet to the rear of the space chosen by the plaintiff. In preparing to leave the lot, plaintiff cranked his car which, apparently, had been left in reverse. The car backed into the excavation, despite plaintiff's efforts to get it under control, and plaintiff sued the lot owner for injuries resulting. Held, that the defendant parking lot owner was not liable. Fielding v. S. Z. Poli Realty Co. (Mass. …
Torts-Automobiles-Statute Limiting Liability To Gratuitous Passengers
Torts-Automobiles-Statute Limiting Liability To Gratuitous Passengers
Michigan Law Review
In her declaration, plaintiff alleged that while she was riding as a gratuitous passenger in defendant's automobile, she was injured as a consequence of defendant's gross negligence in permitting a person known by him to be incompetent to drive the automobile; that by reason of the incompetence of the driver, the car went into a ditch, causing the injury complained of. The defendant moved to dismiss the declaration on the ground that it did not charge actionable gross negligence and that the defendant was not liable for mere negligence under a Michigan statute. Held, that the declaration should be …
Trusts-Liability Of Trust Estate For Torts Of Trustee
Trusts-Liability Of Trust Estate For Torts Of Trustee
Michigan Law Review
Plaintiff, an employee of a laundry of which the legal title was held in trust, was injured by an unguarded machine. The trustee was sued in tort in his representative capacity. There was no evidence as to whether the trustee himself or some agent was directly responsible for the condition of the premises. Held, the judgment of the lower court, directing that the plaintiff be paid out of the assets of the trust estate, was correct. Where the trustee is charged with the duty of carrying on a business the trust estate may be held liable for the negligence …
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
Michigan Law Review
The problem of the survival of actions after death of one of the parties is unfortunately not merely a mater of history. Like the poor, it is always with us. We can no longer profitably wave aside the problems likely to be presented by a comparative study of American legislation on survival by stating that our legislation covers the same general field as do the English statutes of 4 Edward III and 3 and 4 William IV and others of less importance. There is a need for an outline of these American statutes and for a rationalization of the principles …
Torts-Defective Trees-Duty Of Abutter
Torts-Defective Trees-Duty Of Abutter
Michigan Law Review
While the plaintiff was travelling along the public highway, he was injured by the falling of a decayed tree which stood within twenty feet of the highway upon the adjoining land of the defendant. On sustaining a demurrer to the declaration, the court held that there was no duty upon the rural abutter to inspect the tree. Chambers v. Whelen, et al. (C. C. A. 4th, 1930) 44 F.(2d) 340.
Torts-Last Clear Chance Doctrine-Position Of Peril
Torts-Last Clear Chance Doctrine-Position Of Peril
Michigan Law Review
The trial court refused to give an instruction to the effect that "if the jury believed that the decedent, by her own negligence, had placed herself in a position of peril, and the defendant saw and realized her condition in time to avoid the accident by the exercise of ordinary care, but failed to do so, the defendant was solely responsible for her death." Held, that the instruction was rightly refused. Sadler v. Benson (Cal. App. 1930) 293 Pac. 126.
Torts--Fraudulent Misrepresentations-Expression Of Opinion
Torts--Fraudulent Misrepresentations-Expression Of Opinion
Michigan Law Review
On an exchange of property the defendant's agent, to induce the trade, fraudulently overvalued the defendant's property, and fraudulently undervalued certain taxes and assessments for which the plaintiff would be liable. Held, such statements by a vendor amounted to mere sales talk and opinion, and would be no basis for an action for fraud. Deshatreaux v. Batson (Miss. 1930) 131 So. 346.
Conflict Of Laws-Right Of Action For Foreign Tort
Conflict Of Laws-Right Of Action For Foreign Tort
Michigan Law Review
Plaintiff, an automobile guest, brought action against the driver in Wisconsin for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action, but before trial, the parties intermarried and established a matrimonial domicil in Wisconsin. Held, that the law governing the creation and extent of tort liability is that of the place where the tort is committed; that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife; and therefore that the suit must abate, despite the fact that suits between spouses are ordinarily permitted …
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Husband And Wife-Right Of Wife To Sue Husband For Tort
Husband And Wife-Right Of Wife To Sue Husband For Tort
Michigan Law Review
Plaintiff, an automobile guest resident in Wisconsin, brought action against the driver for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action but before trial the parties intermarried. Held, that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife, that the law governing the creation and extent of defendant's liability was the law of Illinois, and the cause of action therefore abated. Buckeye v. Buckeye (Wis. 1931) 234 N.W. 342.
Torts-Proximate Cause-Intervening Criminal Act
Torts-Proximate Cause-Intervening Criminal Act
Michigan Law Review
Defendant, in entering plaintiff's house to repossess certain furniture sold under a contract granting the vendor the right to repossess, opened, and left open, a window which plaintiff had nailed shut. Subsequently a burglar entered plaintiff's house and stole other goods belonging to plaintiff. Alleging negligence on defendant's part, plaintiff sued and recovered for the value of the goods stolen, but, on appeal, it was held that there was not sufficient evidence of negligence to warrant the verdict, and that, admitting negligence, the alleged negligence was not, as a matter of law, the cause of plaintiff's loss. Strong v. Granite …
Review: A Textbook On Law And Business, J. Wayne Ley
Review: A Textbook On Law And Business, J. Wayne Ley
Michigan Law Review
A Book Review on A TEXTBOOK ON LAW AND BUSINESS By William H. Spencer
Torts-Insurance-Duty Of Insured Company On Receipt Of An Application
Torts-Insurance-Duty Of Insured Company On Receipt Of An Application
Indiana Law Journal
No abstract provided.
Parent And Child--Right Of Minor Child To Sue Parent For Personal Tort, Jerome Katz
Parent And Child--Right Of Minor Child To Sue Parent For Personal Tort, Jerome Katz
West Virginia Law Review
No abstract provided.
The Liability Of An Aviator For Damage To Persons And Property On The Ground, Julian G. Hearne Jr.
The Liability Of An Aviator For Damage To Persons And Property On The Ground, Julian G. Hearne Jr.
West Virginia Law Review
In dealing with the subject matter of this article, many writers have approached the question of an aviator's liability as though there were but two possible solutions,-that is, the imposition of absolute liability for all injuries to persons and property on the ground, or to hold the aviator only for injuries due to his negligence. Statutes of many states have adopted the first proposed solution, several states have enacted laws prescribing the second, while other commonwealths have merged the two, sometimes adding or subtracting various features. Therefore, the sum total of all the legislation on the subject presents a picture …
Nuisance-Effect Of Failure To Do Everything Practicable To Prevent
Nuisance-Effect Of Failure To Do Everything Practicable To Prevent
Michigan Law Review
The defendant's galvanizing plant emitted noxious fumes, causing a noticeable odor on the premises of the plaintiff. Held, the defendant was maintaining a nuisance. Its failure to do everything "commercially practicable" to prevent the condition was an important factor in determining whether or not a nuisance existed. De Blois v. Bowers, 44 F.(2d) 621.
Sales-Absolute Warranty Of Purity Of Food--"Liability Without Fault"
Sales-Absolute Warranty Of Purity Of Food--"Liability Without Fault"
Michigan Law Review
The plaintiff bought a bottle of Coca-Cola from a retailer; it was opened in his presence and he drank it at once. The bottle contained decomposed parts of a mouse or rat, and the plaintiff became violently ill after drinking the Coca-Cola. In an action against the manufacturer, held, that there was an absolute warranty of fitness for human consumption, and that the manufacturer was liable for the results of any impurities, regardless of whether or not he was negligent. Coca-Cola Bottling Works v. Simpson (Miss. 1930) 130 So. 479.
Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce
Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce
Michigan Law Review
A box of furs, shipped from London, England, to New York City, U. S. A., over the line of the defendant navigation company, was delivered to the defendant trucking company at the order of the United States because the duties had not been paid. The trucking company delivered it to the defendant warehouse where it remained a week before being moved by the same trucking company to the United States Appraisal Stores. Here it was discovered that some of the furs had been stolen from the box. Held, the defendant navigation company was not liable as initial carrier under …