Torts Commons^™

Torts--A New Test For Proximate Cause?, Robert William Burk Jr.

West Virginia Law Review

No abstract provided.

Conflict Of Laws-Torts-Application Of Whole Law, Including Choice-Of-Law Rules, Of State Of Negligent Act Under Federal Tort Claims Act, Byron Bronston S.Ed

Michigan Law Review

Representatives of passengers killed in an airplane crash in Missouri, due in part to the alleged negligence of government personnel in failing to enforce certain regulations of the Civil Aeronautics Act at an American Airlines' overhaul depot in Oklahoma, sued the United States under the Federal Tort Claims Act in the Federal District Court for the Northern District of Oklahoma. 28 U.S.C. § 1346(b) (1958), section 410(a) of the Tort Claims Act of 1946, provides that the Government shall be liable for the tortious conduct of its employees, "under circumstances where the United States, if a private person, would be …

Torts—Contractor Held Actively Negligent As A Matter Of Law And Not Entitled To Indemnification From Sub-Contractor, Rosario J. Dilorenzo

Buffalo Law Review

Colon v. Board of Educ., 11 N.Y.2d 446, 184 N.E.2d 294, 230 N.Y.S.2d 697 (1962).

Torts—Gratuitous Medical Aid Not Compensable As Tort Damages, Marion A. Kobes

Buffalo Law Review

Coyne v. Campbell, 11 N.Y.2d 372, 183 N.E.2d 891, 230 N.Y.S.2d 1 (1962).

Torts—Exemplary Damages Awarded In Fraud And Deceit Action, James P. Manak

Buffalo Law Review

Walker v. Sheldon, 10 N.Y.2d 401, 179 N.E.2d 497, 223 N.Y.S.2d 488 (1961).

Torts—Gymnasium’S Contractual Disclaimer Of Liability For Negligence Given Effect, John O. Delamater

Buffalo Law Review

Ciofalo v. Vic Tanney Gyms, Inc., 10 N.Y.2d 294, 177 N.E.2d 925, 220 N.Y.S.2d 962 (1961).

Defamation And The Right Of Privacy, John W. Wade, Dean

Vanderbilt Law Review

The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. Professor Street summarizes this history by declaring that there was "a perversion of evolutionary processes," with the result that there was produced "a rather heterogeneous pile which should normally have gone to form a consistent body of legal doctrine, but which on the contrary, comprises many disconnected fragments moving in a confused way under the impulse of …

Equitable Protection By Injunction For Business Reputation

Washington and Lee Law Review

No abstract provided.

Retraction Statutes: A Change In The Law Of Libel

Washington and Lee Law Review

No abstract provided.

Liability Of Land Possessor To Social Guest

Washington and Lee Law Review

No abstract provided.

Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr.

Washington Law Review

Prior to the appearance of Farrar v. Tribune Publishing Co., it appeared reasonably clear that in defamation actions, evidence of the defendant's malice or good faith was not admissible for the purpose of enhancing or mitigating damages. Since malice is not an essential element of civil libel or slander, evidence of malice was considered immaterial and hence inadmissible under the Washington rule prohibiting punitive or exemplary damages. The actual malice of the defendant was considered relevant only in those actions which involved overcoming a qualified privilege. Farrar seems to have changed or at least obscured the clarity of these rules.

Torts—Interspousal Actions—Personal Torts, Richard H. Williams

Washington Law Review

In Goode v. Martinis, the Washington Supreme Court held that a wife has a cause of action in tort for an assault committed upon her by her husband while the parties are legally separated and divorce proceedings are pending. While restricting its holdings to the particular facts, the court rejected the rationale advanced in favor of the common law doctrine of spousal disability.

Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople

Washington Law Review

In Murk v. Aronsen the Washington Supreme Court had occasion to consider a landowner's tort liability where work is placed under the control of an independent contractor. In a 5-to-4 decision the court held that an owner is not liable to a contractor's servant injured by the negligence of a contractor who has control of the premises. By its decision the court has reaffirmed its earlier position, despite a trend toward expanding the exceptions to the rule of non-liability for torts of independent contractors.

Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher

Washington Law Review

Since their development by the English court in Indermaur v. Dames, the categories of trespasser, licensee and invitee have played a significant role in the law of torts. Though they were founded upon nineteenth century notions of liability, and reflect an age which had not yet discarded the feudal principles of landowner's sovereignty, these distinctions have persisted, plaguing courts and litigants alike. While other archaic rules have fallen before the demands of our industrial complex and rising social consciousness, these classifications have endured. Since few valid reasons can be given for their longevity, the distinctions are slowly losing standing under …

Torts—Recovery For Suicide—Wrongful Death, Hartley Paul

Washington Law Review

The Washington Supreme Court, by a 5-to-4 decision in Orcutt v. Spokane County, made possible recovery by wrongful death action for negligent conduct resulting in suicide.

Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer

Washington Law Review

In Miller v. Staton, the members of the Washington Supreme Court disagree on how properly to apply the general rule that a tavernkeeper "owes the duty to his guests to exercise reasonable care to protect them from injury at the hands of a fellow guest."

Torts--Malpractice--Wrongful Death Action Based On Breach Of Contract, Ralph Charles Dusic Jr.

West Virginia Law Review

No abstract provided.

Permanent Injury: General Or Special Damage, Nick George Zegrea

West Virginia Law Review

With the recent adoption of the West Virginia Rules of Civil Procedure, the function of the pleadings in an action is to give notice. Formulation of the issues for trial is now left largely to deposition and discovery practice under Rules 26 through 37, and pre-trial conferences under Rule 16. An exception to this concept of notice-pleading is Rule 9, which requires that some items be pleaded specially. The scope of this note is to examine one subdivision of the rule: "special damage." In particular, the examination of this subdivision will be directed to the inquiry of whether a permanent …

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Agency -- 1961 Tennessee Survey (Ii), W. Harold Bigham

Vanderbilt Law Review

I. Employee and Independent Contractor Distinguished

During the abbreviated survey period there were no significant or momentous decisions by Tennessee courts--state or federal--involving agency principles. Indeed the only state appellate case properly to be considered here involved the rather pedestrian question of whether a petitioner for workmen's compensation benefits was, vis-a-vis the defendant prime contractor, an employee or an independent contractor.

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II. Misrepresentations of Agent

Butts v. Colonial Refrigerated Transportation, Inc. is merely another example of the Sixth Circuit's unfortunate proclivity for writing per curiam affirmances. It is well-nigh impossible to determine whether the liability of the defendant which …

Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham

Vanderbilt Law Review

Jurisdiction of courts over foreign corporations is a developing subject. Almost all aspects of it are touched on by decision or discussion in two cases in different courts and under different statutes; one case was in the Supreme Court of Tennessee, the other in the United States district court.

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Tucker v. International Salt Co. was an action in a state court in contract and quasi-contract against a Pennsylvania corporation.

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Shuler v. Wood was an action in tort in the United States District Court for the Eastern District of Tennessee against two Pennsylvania corporations.

Torts -- 1961 Tennessee Survey (Ii), John W. Wade

Vanderbilt Law Review

The twenty tort cases decided during the shorter survey period this year all involved negligence actions.' Most of the cases involved the application of established rules or standards to new fact situations, some of them being fairly routine. Only two cases were of striking significance.

Discovery Of Liability Insurance Under New Rules, William Erwin Barr

West Virginia Law Review

No abstract provided.

Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis

Michigan Law Review

When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …

Heart Disease And The Law: The Legal Basis For Awards In Cardiac Cases, By Harold F. Mcniece, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.

The Thrust Of Tort Law Part Iii: The Scientific Environment, Leon Green

West Virginia Law Review

No abstract provided.

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, …

Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis

Michigan Law Review

Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …

Torts--Parent And Child--Parent Liability For Tort Of Child Where Parent Negligent In Failing To Restrain Child, David Mayer Katz

West Virginia Law Review

No abstract provided.