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Articles 1 - 11 of 11
Full-Text Articles in Torts
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Michigan Law Review
Defendant's intestate was killed in an accident when the car which he had been driving left the road. Plaintiff, a guest in the car, sued for damages for injuries sustained, alleging negligence. Plaintiff proved the happening of the accident, and his injuries, and then rested, relying upon the doctrine of res ipsa loquitur. Defendant argued that, in view of the death of his intestate, the doctrine should not be applied. Held, the doctrine of res ipsa loquitur applied, permitting an inference of negligence, though knowledge of facts which would prove the cause of accident is no more accessible …
Torts -Automobiles - Liability Of Owner For Injuries Resulting From Negligence Of Driver
Torts -Automobiles - Liability Of Owner For Injuries Resulting From Negligence Of Driver
Michigan Law Review
To demonstrate the endurance of the cars which it was selling, a promoter induced defendant sales company to furnish a car to be driven for 100 consecutive hours without stopping, by a driver handcuffed to the steering wheel. The promoter hired the driver, instructing him to seek shelter (permitting the motor to continue running) should it start to rain, to protect the advertisements on the car. After driving for 20 hours, it commenced to rain and the driver found refuge in an open barn by the side of the road. After the rain had subsided, finding himself unable to get …
Declaratory Judgments- Extension Of Protection Against Injuries To Personality
Declaratory Judgments- Extension Of Protection Against Injuries To Personality
Michigan Law Review
The widespread acceptance of the declaratory judgment as a statutory supplement to common law and equitable remedies has raised some searching questions as to the relation between right and remedy in Anglo-American law. The declaratory judgment can operate in anticipation of specific wrongs that would be a basis for ordinary legal or equitable relief. It does not depend for its efficacy on the use of the familiar remedies of law and equity - that is, on damages, specific restitution in replevin and ejectment, and the injunction and specific enforcement in equity. The question may therefore be asked whether the development …
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Michigan Law Review
Defendants as duly authorized municipal officers issued a building permit to the plaintiff. After plaintiff had acted in reliance thereon defendants for reasons of self-interest and political expediency revoked the permit. Held, defendants as quasi-judicial officers while acting within their jurisdiction are not liable personally in tort for damages resulting from a discretionary act notwithstanding their conduct may have been malicious or corrupt. Wasserman v. City of Kenosha, (Wis. 1935) 258 N. W. 857.
Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold
Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold
Michigan Law Review
Defendant transferred a piano to plaintiff under a conditional sales contract retaining the right in case of any default in payment "to peacefully or forcibly, and without process of law, enter the premises where said property is . . . and to take . . . possession thereof." Plaintiff de-faulted in payment. Employees of defendant, entering the house of plaintiff in his absence and without notice, removed the piano. Held, plaintiff may not recover for a conversion, but may recover for a breaking and entering whether defendant's agents broke into the house with actual force, or mere technical force, …
The English Rule As To Liability For Unintended Consequences, George C. Tilley
The English Rule As To Liability For Unintended Consequences, George C. Tilley
Michigan Law Review
The question how far a defendant is liable in tort for the unintended consequences of his wrongful act, generally supposed to have been settled for England by the case of In re Polemis and Furness, Withy & Co., Ltd., has recently been reopened by the House of Lords decision in the case of Liesbosch Dredger v. S. S. Edison. Defendants, owners of the Edison, negligently sank the plaintiffs' dredger Liesbosch while the latter was being used by the plaintiffs in performance of a profitable contract to construct a harbor at Patras, Greece. There was evidence that, …
Torts - Inducing Breach Of Contract
Torts - Inducing Breach Of Contract
Michigan Law Review
The recognition of inducement of breach of contract as a tort came only in comparatively recent times, its first clear enunciation being in Lumley v. Gye in 1853. Prior to that case there had been an accepted doctrine that interference with the relation of master and servant was an actionable wrong. Sayre finds the roots of the liability for enticement of servants in the Ordinance of Labourers passed after the Great Plague, and in a confusion of the action based on that statute and the action for forcibly interfering with the servants of another. In Lumley v. Gye the action …
Insurance-Delay In Acting On Application-Tort Liability
Insurance-Delay In Acting On Application-Tort Liability
Michigan Law Review
Plaintiff sued for damages for alleged negligence of defendant in failing to take action within a reasonable time upon plaintiff's application for a policy of health and accident insurance, plaintiff having paid defendant's soliciting agent the premium quoted by him. Held, there is no liability, since there is no duty for defendant to accept or reject an application within a reasonable time. Schliep v. Commercial Casualty Ins. Co., 191 Minn. 479, 254 N. W. 618 (1934).
Negligence - Liability For Injury Resulting From Fright
Negligence - Liability For Injury Resulting From Fright
Michigan Law Review
While crossing the street in front of her home the daughter of the plaintiff's intestate was killed by the negligent driving of the defendant. The plaintiff's intestate was watching from the window at the time and saw the accident. The shock resulted in illness, which caused her death several weeks later. Plaintiff, as administrator under the Wisconsin Death Act, recovered a judgment for the injury to the mother. Held, that the judgment should be reversed since there was no duty to the mother. Waube v. Warrington, (Wis. 1935) 258 N. W. 497.
Quasi-Contracts --Torts -- Quasi-Contract As An Alternative Remedy For Interference With Contract Relations
Michigan Law Review
An action in tort for damages against a defendant who has induced a third person to breach his contract with plaintiff is permitted in most states today, although the action is of comparatively recent origin. The basis of the action is the obligee's interest in the performance of the contract, which is thought to deserve protection against the third-party interference. The invasion of this right must, as the cases now stand, be an intentional invasion, although there seems to be no reason for excluding negligent invasions subject to the usual limits of foreseeability. The motives of the tort-feasor, suggested by …
Torts - Contributory Negligence - Care Required Of Automobile Drivers At Railroad Crossings
Torts - Contributory Negligence - Care Required Of Automobile Drivers At Railroad Crossings
Michigan Law Review
Pokora, while driving his truck, approached the defendant's railroad at a crossing where his view was obstructed by box cars standing on a switch which ran beside the main tracks. He stopped his truck at a point about ten or fifteen feet from the switch and listened and looked, so far as the obstruction permitted, and then drove upon the main tracks where he was hit and injured by defendant's train which was coming from the direction of the box cars. The trial court directed a verdict for the defendant on the ground that the plaintiff, as a matter of …