Torts Commons^™

Agency -- 1956 Tennessee Survey, F. Hodge O'Neal

Vanderbilt Law Review

The appellate courts of Tennessee and the United States Court of Appeals for the Sixth Circuit handed down during the survey period a considerable number of interesting and significant cases dealing with the Tennessee law of agency. This article groups the cases and arranges them under topic headings. In most instances, the discussion of the case or cases under a topic heading is preceded by brief background material designed to place the cases in their proper setting and aid the reader in evaluating them.

Local Government Law -- 1956 Tennessee Survey, Joseph Martin Jr.

Vanderbilt Law Review

The scope of local government law covers the problems arising out of the functioning of units of government essentially local in character--the municipality, the county, the school district. Involved are the relations between the unit and its constituents or between the units themselves, the validity of its actions, the status of its officers or employees. In the era of increased government, the impact of this body of law is pervading.

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.

Equity -- 1956 Tennessee Survey, Val Sanford

Vanderbilt Law Review

One of the most important characteristics of the administration of justice in Tennessee is the maintenance of separate courts of law and equity. While numerous statutes have been enacted from time to time in an effort to clarify the jurisdiction of the two courts and the boundaries of their respective jurisdictions have been further defined by the courts, nevertheless, cases are still dismissed because they are brought in the wrong court...

Family Responsibility In Tort, William J. Harbison

Vanderbilt Law Review

At common law an unmarried woman occupied no special status as far as tort liability was concerned, and the same rules and standards of responsibility applied to her as to society generally. Since marriage imposed upon a woman a very extensive disability, however, there developed a number of special rules concerning tort responsibility of the married woman.

Marriage did not impose upon the wife any special or peculiar liability for wrongful acts committed by her husband at common law, and, except in certain instances hereafter noted, she is not thus liable today. It is true that since the enactment of …

Personal Torts Within The Family, Val Sanford

Vanderbilt Law Review

If a person, while under the influence of intoxicants, drives his automobile at excessive speed, loses control of it, jumps the curb and strikes a pedestrian, injuring him severely, there would be little question, nothing else appearing, that he would be liable to the injured pedestrian in an action for damages. The premises underlying a conclusion of liability in such cases are obvious. It is in the interest of society that injured persons be compensated and rehabilitated; and our conceptions of justice are such that ordinarily it seems fair that the party who was at fault, whose action caused the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Congressional Investigations --Relevancy of Required Testimony

========================

Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State

========================

Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime

========================

Evidence--Judicial Admissions--Testimony as to Objective Facts

========================

Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity

========================

Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures

========================

Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership

========================

Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition

========================

Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant

========================

Torts--Landowner--Duty to Social Guest

========================

Wills--Pretermitted Heir Statue--Sole …

Consideration Of Tax Aspects In Awarding Damages For Personal Injuries, Doris B. Gorman

Vanderbilt Law Review

The recent decision of the House of Lords, in British Transport Commission v. Gourley has completely changed the English position on the question of whether income taxes should be considered in determining personal injury damages based on actual or prospective loss of earnings. The House of Lords held that the lower court should have taken the tax aspects into account and that the damage award must be reduced accordingly. By this holding, the House of Lords overruled Jordan v. The Limmer And Trinidad Lake Asphalt Co. and Billingham v. Hughes, which until then represented the ruling law in England on …

Book Reviews, Dix W. Noel, E. M. Morgan, J. Olin White, Samuel E. Stumpf

Vanderbilt Law Review

Book Reviews

Handbook of the Law of Torts, 2d ed. By William L. Prosser St.Paul: West Publishing Company, 1955. Pp. xii, 952. $10.00

reviewer: Dix W. Noel

================================

Impartial Medical Testimony A Report by a Special'Committee of The Association of the Bar of the City of New York New York: The Macmillan Company, 1956- Ppr. ix, 188: $3.95.

reviewer: E.M. Morgan

=================================

Modern Trials By Melvin M. Belli Indianapolis: Bobbs-Merrill, Inc., Three Volumes, 1955. Pp. 2,763. $50.00.

reviewer: J. Olin White

=================================

Law and Morality By Leon Petrazycki (Translated by Hugh W.Babb with an Introduction by Nicholas S. Timasheff) Cambridge: …