Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (97)
- State and Local Government Law (11)
- Civil Procedure (10)
- Transportation Law (9)
- Courts (8)
-
- Common Law (7)
- Legal Remedies (6)
- Jurisprudence (5)
- Constitutional Law (4)
- Labor and Employment Law (4)
- Banking and Finance Law (3)
- Civil Law (3)
- Criminal Law (3)
- Evidence (3)
- Health Law and Policy (3)
- Insurance Law (3)
- Law and Society (3)
- Legal Ethics and Professional Responsibility (3)
- Legislation (3)
- Oil, Gas, and Mineral Law (3)
- Property Law and Real Estate (3)
- Admiralty (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Contracts (2)
- Environmental Law (2)
- Immigration Law (2)
- Judges (2)
- Jurisdiction (2)
- Institution
-
- University of Michigan Law School (33)
- Louisiana State University Law Center (18)
- Cleveland State University (12)
- Vanderbilt University Law School (9)
- Washington and Lee University School of Law (8)
-
- University of Kentucky (7)
- University of Maryland Francis King Carey School of Law (6)
- West Virginia University (6)
- Maurer School of Law: Indiana University (5)
- St. Mary's University (5)
- Golden Gate University School of Law (4)
- Santa Clara Law (4)
- Selected Works (4)
- Fordham Law School (3)
- Pepperdine University (3)
- SelectedWorks (3)
- Case Western Reserve University School of Law (2)
- Florida State University College of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Richmond (2)
- Duquesne University (1)
- George Washington University Law School (1)
- Georgia State University College of Law (1)
- Marquette University Law School (1)
- Mitchell Hamline School of Law (1)
- Northern Illinois University (1)
- Schulich School of Law, Dalhousie University (1)
- The University of Akron (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- Publication Year
- Publication
-
- Michigan Law Review (31)
- Louisiana Law Review (18)
- Cleveland State Law Review (12)
- Washington and Lee Law Review (8)
- Vanderbilt Law Review (7)
-
- Kentucky Law Journal (6)
- West Virginia Law Review (6)
- Maryland Law Review (4)
- Santa Clara Law Review (4)
- Articles by Maurer Faculty (3)
- Faculty Scholarship (3)
- Jesse Carter Opinions (3)
- Pepperdine Law Review (3)
- Case Western Reserve Law Review (2)
- Christopher J Robinette (2)
- Donald G Gifford (2)
- Florida State University Law Review (2)
- Fordham Law Review (2)
- Indiana Law Journal (2)
- Law Faculty Publications (2)
- Publications (2)
- St. Mary's Law Journal (2)
- Touro Law Review (2)
- Akron Law Review (1)
- Articles (1)
- Dalhousie Law Journal (1)
- Duquesne Law Review (1)
- Elizabeth A Rowe (1)
- Faculty Articles (1)
- GW Law Faculty Publications & Other Works (1)
- Publication Type
- File Type
Articles 91 - 120 of 150
Full-Text Articles in Law
Torts--Contributory Negligence As A Matter Of Law, Thomas L. Hindes
Torts--Contributory Negligence As A Matter Of Law, Thomas L. Hindes
Kentucky Law Journal
No abstract provided.
Torts - Imputation Of Son's Contributory Negligence To Mother, A. L. Wright Ii
Torts - Imputation Of Son's Contributory Negligence To Mother, A. L. Wright Ii
Louisiana Law Review
No abstract provided.
Civil Procedure-Trial Practice-Special Verdict Question That Can Be Decisive Only If Answered Negatively, Samuel J. Mckim Iii
Civil Procedure-Trial Practice-Special Verdict Question That Can Be Decisive Only If Answered Negatively, Samuel J. Mckim Iii
Michigan Law Review
Plaintiff was severely burned by the explosion of a can of "liquid bug killer" allegedly sold to him by defendant. Four issues of fact were raised: whether defendant sold the can in question to plaintiff, the former's negligence, the latter's contributory negligence, and the amount of the damages. The trial judge submitted to the jury, over the objections of both parties, only the first issue, in the form of a single question of fact. The jury, having served three days past the end of its term and one hour past the normal time for adjournment, was instructed that a finding …
Assumption Of Risk In The Use Of Icy Sidewalks
Assumption Of Risk In The Use Of Icy Sidewalks
Washington and Lee Law Review
No abstract provided.
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Cleveland State Law Review
As is readily apprehended, contributory negligence in the defense of a product liability action is a can of worms. But, if it is recognized that there is no such thing as "contributory negligence" and that the defense contemplated is that of abnormal, unintended, or unforeseen use, or is that of assumed risk, or that of lack of due care, then there may perhaps be order brought out of chaos. However, it is strongly suggested that even these defenses are, in the absence of uncontrovertible facts, no panacea for defendants. There are much better ways to beat a product liability claim …
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Cleveland State Law Review
What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …
Contributory Negligence Of Children, James H. Keet Jr.
Contributory Negligence Of Children, James H. Keet Jr.
Cleveland State Law Review
We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order …
Contributory Negligence In Product Liability, S. Burns Weston
Contributory Negligence In Product Liability, S. Burns Weston
Cleveland State Law Review
This article does not purport to be exhaustive. It does explore the extent to which classical defenses of contributory negligence, assumption of risk and their relative, "misuse of product," are available in product liability actions. Caveat: By the time this printer's ink is drysome of these applications may be available no longer.
Contibutory Negligence In Medical Malpractice, W. David Alderson
Contibutory Negligence In Medical Malpractice, W. David Alderson
Cleveland State Law Review
Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Cleveland State Law Review
The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.
Contributory Negligence In Europe, Huib Drion
Contributory Negligence In Europe, Huib Drion
Cleveland State Law Review
The Dutch law relating to contributory negligence is entirely judge made law, as it is in France and Belgium and in the other countries which have derived their civil codes from the Code Napoleon. We have here a good example of the advantage of the more elastic development of judge made law in the countries with codified laws, at least in the field of the law of torts.
Negligence--Assumption Of Risk And Contributory Negligence--Abolition Of Assumption Of Risk As A Defense Separate From A Contributory Negligence In Autobmobile Guest-Host Situations Negligence In Automobile Guest-Host Situation, S. Anthony Benton
Michigan Law Review
Plaintiff, a guest in an automobile driven by defendant, was injured when defendant's vehicle collided with another car. In plaintiff's suit against defendant and her insurer the jury found that defendant was causally negligent as to management and control and position on the highway, and that plaintiff was causally negligent as to lookout. After apportioning 85 percent of the negligence to defendant and 15 percent to plaintiff, the jury found that plaintiff had assumed the risk with respect to defendant's management and control and position on the highway, and the trial court therefore entered judgment dismissing the complaint. On appeal, …
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
West Virginia Law Review
No abstract provided.
Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.
Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.
Michigan Law Review
Consolidation of two actions arising from a multi-vehicle highway accident resulted in verdicts in both causes against appellants. One action was brought against appellants by the administratrix of a deceased driver under a wrongful death statute, and resulted in a verdict for the administratrix because of a statutory presumption of deceased's due care. The other action was a personal injury suit by a third party against appellants and the administratrix as co-defendants, and resulted in a verdict exonerating the deceased driver, despite circumstances raising an inference of his negligence. Appellants' motions for judgment notwithstanding the verdict and new trial were …
Torts - Automobile Guest Passengers - Contributory Negligence As Bar To Recovery From Third Parties, H. F. Sockfider Jr.
Torts - Automobile Guest Passengers - Contributory Negligence As Bar To Recovery From Third Parties, H. F. Sockfider Jr.
Louisiana Law Review
No abstract provided.
Assumption Of Risk As A Limitation Of Liability In Guest-Host Relationships
Assumption Of Risk As A Limitation Of Liability In Guest-Host Relationships
Washington and Lee Law Review
No abstract provided.
Negligence - Proximate Cause - Liability Of Tavern-Keeper To Third Person Injured By One To Whom Tavern-Keeper Had Made And Unlawful Sale Of Liquor, Alan C. Miller
Michigan Law Review
In a jurisdiction having a statute prohibiting sales of liquor to minors and persons actually or apparently intoxicated, defendants, four tavern-keepers, served alcoholic beverages to an eighteen-year-old minor. Fifteen or twenty minutes after leaving the last of the taverns, the intoxicated minor negligently drove a motor vehicle and collided with plaintiff's car, killing plaintiff's husband. Plaintiff brought this action as representative of her husband's estate and as owner of the damaged car. Her complaint charged not only that defendants unlawfully and negligently sold and served alcoholic beverages to a minor under circumstances constituting notice that he was a minor, but …
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Michigan Law Review
The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …
Admiralty - Collision - Last Clear Chance, Erik Stapper
Admiralty - Collision - Last Clear Chance, Erik Stapper
Michigan Law Review
The City of Calcutta anchored in the navigation channel as an emergency precaution on a foggy night. The vessel was hit by a scow in tow of the tug Brooklyn, whose navigator had observed the anchored ship for ten minutes. The scow sank and its owner sought to hold the City of Calcutta liable for failure to get underway after the fog had lifted. Held, libel dismissed. Even if the Calcutta was remiss in not moving, no liability could attach because the Brooklyn had the last clear chance of avoiding the accident. Arundel Corp. v. The City of …
Imputation Of Child's Contributory Negligence To Parent
Imputation Of Child's Contributory Negligence To Parent
Washington and Lee Law Review
No abstract provided.
Spousal Imputation Of Negligence In Joint Enterprises
Spousal Imputation Of Negligence In Joint Enterprises
Washington and Lee Law Review
No abstract provided.
Torts--Assumption Of Risk And Contributory Negligence As Separate Defenses, G. H. A.
Torts--Assumption Of Risk And Contributory Negligence As Separate Defenses, G. H. A.
West Virginia Law Review
No abstract provided.
The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park
The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park
Michigan Law Review
It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.
Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner
Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner
Michigan Law Review
Plaintiff, having fallen asleep at night at the side of a narrow dirt road, was run over by defendant's automobile. He alleged that defendant was negligent in operating a vehicle at an excessive speed without proper lights. Defendant pleaded that plaintiff was contributorily negligent by being asleep in the road, and plaintiff then replied that defendant had the last clear chance to avoid the injury. On appeal from a judgment of involuntary nonsuit, held, affirmed, three justices dissenting. The plaintiff, by falling asleep at the side or in the middle of the road, was contributorily negligent as a matter …
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 …
Garibaldi V. Borchers Bros. [Dissent], Jesse W. Carter
Garibaldi V. Borchers Bros. [Dissent], Jesse W. Carter
Jesse Carter Opinions
A trial court did not err in giving an instruction on continuing negligence in conjunction with an instruction on last clear chance, and an instruction on a truck driver's right to assume that a minor would exercise the care of a child his age.
Contributory Negligence--Instructions, L. L. P.
Contributory Negligence--Instructions, L. L. P.
West Virginia Law Review
No abstract provided.
Negligence - Breach Of Duty - Assured Clear Distance Ahead Doctrine, Herbert A. Bernhard
Negligence - Breach Of Duty - Assured Clear Distance Ahead Doctrine, Herbert A. Bernhard
Michigan Law Review
Plaintiff, while driving an automobile through a tunnel, collided with defendant's truck, which was stopped without lights. The Pennsylvania Vehicle Code requires an operator to drive at such a speed as will enable him to stop within the "assured clear distance ahead." Plaintiff alleged he was temporarily blinded by the sudden change from bright sunlight to the darkness of the tunnel. The jury found for plaintiff, but defendant's motion for judgment n. o. v. was granted. On appeal, held, affirmed, one justice dissenting. Plaintiff's failure to stop his automobile within the assured clear distance ahead constituted contributory negligence as …
Torts -- 1956 Tennessee Survey, John W. Wade
Torts -- 1956 Tennessee Survey, John W. Wade
Vanderbilt Law Review
This year, as in the past several years, there were approximately forty Torts cases. A much smaller number of the cases, however, involved automobile accidents. This is hardly competent evidence that there were fewer accidents, but may perhaps indicate that negligence law is becoming somewhat clearer so that fewer appeals to the higher courts are considered warranted.
Sales - Contributory Negligence - Use As A Defense In Action For Breach Of Implied Warranty, Thomas S. Erickson
Sales - Contributory Negligence - Use As A Defense In Action For Breach Of Implied Warranty, Thomas S. Erickson
Michigan Law Review
Defendant installed an oil burner in plaintiff's apartment building. The burner failed to function properly and exploded two months after installation. There was no evidence that the furnace was repaired subsequent to the explosion. Plaintiff continued to use the furnace for four years until a second explosion caused considerable damage to the building. Upon inspection, the cause of the explosions was found to be a defective system of heating and piping the oil. Plaintiff brought this action for breach of implied warranty to install the furnace in a good and workmanlike manner and recovered consequential damages. On appeal, held, …