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- Negligence (11)
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Articles 1 - 30 of 31
Full-Text Articles in Torts
Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance
Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance
Michigan Law Review
The minor plaintiff, a child of eleven, was injured when she fell from a swing in a playground maintained by the defendant, and struck a jagged stone which protruded from the surface of the earth about eight feet beyond the base of the swing. She and her parents joined as plaintiffs in this suit, alleging that the defendant was negligent in failing to keep the ground around the swing in a reasonably safe condition and free from dangerous objects upon which a child might fall. Held, the defendant is liable for its failure to keep the earth around the …
Corporations-Tort Liability Of Independent Taxi Owners' Associations
Corporations-Tort Liability Of Independent Taxi Owners' Associations
Michigan Law Review
(a) In order to meet the competition of the large taxicab companies a number of taxi drivers owning their own cabs join together to advertise under a common name, establish a more efficient phone service, and secure the benefits of large-scale garage service. For this purpose a non-profit-sharing corporation is organized, to the expenses of which each driver contributes initiation fees and dues. (b) In order to avoid the liabilities which attend the ownership of cars one of the large taxi companies sells its cabs to the drivers. The drivers now pay the company a certain compensation in "dues" for …
Torts-Negligence-"Stop, Look And Listen Rule"
Torts-Negligence-"Stop, Look And Listen Rule"
Indiana Law Journal
No abstract provided.
Innkeepers - Statutory Limitation Of Liability - Necessity Of Strict Compliance As A Condition Precedent To Exemption
Michigan Law Review
The plaintiff was a guest at a hotel owned by the defendant, and during that period a valuable diamond ring was stolen from his room, without negligence on the part of the defendant. In a suit to recover the value of the ring, the defendant set up a defense by way of the statute exempting innkeepers from liability upon "posting a notice in three or more public and conspicuous places in the office, elevators, or public rooms, or in the public parlors of such hotel" to the effect that the innkeeper would not be liable for any stolen property not …
Torts--Liability For Injury To Infant Arising Out Of "Attractive Nuisance", William F. Wunschel
Torts--Liability For Injury To Infant Arising Out Of "Attractive Nuisance", William F. Wunschel
West Virginia Law Review
No abstract provided.
Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions
Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions
Michigan Law Review
A debtor proceeding was initiated in a Florida federal court and an ancillary proceeding was begun in a New York federal court. The latter court enjoined petitioner, who had obtained a tort judgment against the debtor in a New York state court, which judgment had been affirmed by the Appellate Division, from arguing the case as appellee in the New York Court of Appeals and from continuing to prosecute an action commenced by him (petitioner) against the sureties on an appeal bond filed by the debtor pending the appeal to the Appellate Division. Shares of stock had been pledged by …
Torts - Libel - Photographs - Right Of Privacy
Torts - Libel - Photographs - Right Of Privacy
Michigan Law Review
Defendant in its newspaper published a photograph of plaintiff and her husband's chauffeur standing in front of an airplane at an airport. The picture was captioned "Principals in Local Divorce Scandal," and the accompanying news story stated that plaintiff had sued her husband for divorce, the husband had filed a cross bill, and he had sued the chauffeur for alienation of affections. Plaintiff's declaration alleged that the picture had been cut from a larger one in which her husband had appeared, that the airplane was her husband's, and that the picture was believed to have been taken under a contract …
Torts - Wrongful Death - Limitation Of Action - Fraud
Torts - Wrongful Death - Limitation Of Action - Fraud
Michigan Law Review
An administrator brought an action against the defendant power company for damages for the death of the plaintiff's intestate allegedly caused by the negligence of the defendant five years before the commencement of the suit. The statute permitting a cause of action for wrongful death provided that the action be brought "within one year after such death." The plaintiff alleged in his complaint that the delay in bringing the suit was due to a conspiracy by the defendant and others to suppress the knowledge of the death of the plaintiff's intestate. The defendant demurred to the complaint. Held, the …
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Michigan Law Review
One C negligently drove her car into an obstruction on the highway placed there by defendant. The accident occurred at night and the defendant had failed to place a light on the obstruction to indicate its presence to motorists. At the time of the accident M was a guest in C's car and suffered injuries as a result of the collision. Plaintiff, insurance carrier for C, settled with M for the injuries sustained and obtained a release covering the liability of all parties. Plaintiff as subrogee of C's rights brought the present action to recover contribution from …
Torts-Dangerous Instrumentalities -Attractive Nuisance
Torts-Dangerous Instrumentalities -Attractive Nuisance
Michigan Law Review
Defendant society procured an exhibition of fireworks on premises which were under its control and habitually used by children as a playground. The day after the exhibition the plaintiff, playing there with other children, picked up a bomb left by the defendant, and was injured when the bomb exploded. Held, defendant had a duty to those playing on the premises to use reasonable care to have the ground clear of dangerous articles after the exhibition. Spenzierato v. Society, (N. J. 1934) 169 Atl. 831.
Torts -Temporary Insanity As A Defense
Torts -Temporary Insanity As A Defense
Michigan Law Review
While operating a bus owned by the corporate defendant the individual defendant suddenly became insane and lost control of the bus which struck a parked ice truck owned by the plaintiff McKay, and upon which the plaintiff Sforza was chopping ice. These actions were brought to recover for property damage and personal injuries thereby incurred. Held, in spite of the temporary insanity the individual defendant was legally responsible for the negligence, which is imputable also to the corporate defendant. Sforza v. Green Bus Lines, Inc., et al; McKay v. Same, (Munic. Ct. City of New York, 1934) 268 …
Torts - Libel By Talking Pictures - Rasputin Case
Torts - Libel By Talking Pictures - Rasputin Case
Michigan Law Review
The motion picture production of "Rasputin The Mad Monk" portrayed an episode in which Rasputin seduced a young lady of the Russian court. Alleging that the character of the seduced was patterned after her own so that she had been defamed, the plaintiff brought an action of libel against the producers. Held, the plaintiff was entitled to damages of what, in this country, would amount to about one hundred and twenty-six thousand dollars. Youssoupov. v. M-G-M Pictures, England (1934).
The Duty To Control The Conduct Of Another, Posey M. Kime, Fowler V. Harper
The Duty To Control The Conduct Of Another, Posey M. Kime, Fowler V. Harper
Indiana Law Journal
No abstract provided.
Negligence - Liability Of Manufacturer To Third Persons - Recovery For Property Damage
Negligence - Liability Of Manufacturer To Third Persons - Recovery For Property Damage
Michigan Law Review
Defendant sold a contractor a trial can of waterproofing materials recommended for the interior of silos. The contractor used this on the interior of a watertank being built in plaintiff's barn. While it was being applied the fumes from the preparation came in contact with a kerosene lamp used to light the interior of the tank, causing an explosion which burned the plaintiff's barn. The ingredients of the waterproofing material were highly inflammable and toxic, but the container bore no warning of these facts. Held, that recovery could be had for the damage to plaintiff's property, the evidence being …
Torts - Liability Of Parent For Acts Of Infant
Torts - Liability Of Parent For Acts Of Infant
Michigan Law Review
Plaintiff, nursemaid, engaged to look after defendant's young daughter, was bitten by the child. She sued the father for her in jury under Article 2318 of the Louisiana Civil Code. In the district court an exception of no cause of action (the equivalent of a general demurrer) was sustained. The exception was based mainly on the grounds that there was no allegation that the father could have prevented the tort; that there was no allegation that the child had previously exhibited a vicious temper, or that defendant had knowledge of such vicious temper; and that the nursemaid had assumed such …
Torts-Duty To Cut Weeds Around Oil Warehouse-Injury Caused By Occurrence Other Than That For Which Duty Was Raised
Michigan Law Review
Plaintiff's house was located some 400 feet northeast of a wooden warehouse used by defendant for the storage of oils and grease. South and west of the warehouse lay a peet bog, and, between the bog and the defendant's ware. house and entirely on defendant's property was a 25-foot stretch of grass which defendant had neglected to cut down. A smouldering fire in the peet bog flared up under the influence of a strong wind, swept across the land of defendant, set fire to the warehouse and, eventually, crossed a full-width paved street and destroyed plaintiff's house. Held, though …
Sales - Implied Warranty Of Fitness - Restaurateur
Sales - Implied Warranty Of Fitness - Restaurateur
Michigan Law Review
Defendant, proprietor of a hotel and dining room, served unwholesome food to the plaintiff who became ill as a result of its impurity. The plaintiff sued for the damages resulting from his illness, on the theory that there was an implied warranty that the food was fit for human consumption. Held, the serving of food for immediate consumption on the premises was not a "sale" within the Uniform Sales Act, and therefore there was no warranty attached under the terms of the Act, and there was no implied warranty of fitness of food so served at common law. Lynch …
Carriers -Airplanes - Right To Limit Liability By Contract
Carriers -Airplanes - Right To Limit Liability By Contract
Michigan Law Review
Defendant corporation conducted a regular airplane passenger service between Miami and Tampa, Florida. Deceased purchased an ordinary passenger ticket at the regular price and, in the course of the trip, was killed due to the negligence of defendant's pilot. There was a stipulation in the ticket which all passengers were required to sign that "the company's liability is limited to $10,000." Wife of deceased sued for the negligent death and recovered a judgment in excess of $10,000. Held, that defendant was a common carrier, and, therefore, could not compel a passenger to release it of its legal liability. Curtis-Wright …
Torts - Death Act-Pecuniary Injury - Effect Of Incurable Disease
Torts - Death Act-Pecuniary Injury - Effect Of Incurable Disease
Michigan Law Review
Administratrix sued defendant hospital under the "death act" for having negligently caused the death of her husband. The negligence was admitted. Decedent was afflicted with myelitis, an incurable disease, which affected his spine and rendered him a helpless paralytic. Decedent had no ability to earn or support and would have been an object of constant care and expense. Held, the court should have directed verdict for defendant. Smith v. Presentation Academy of Aberdeen, (S. D. 1933) 248 N. W. 762.
Torts - Negligence - Liability For Damages Accruing To Another By Act Done To Save One's Own Property
Michigan Law Review
Defendant was negligent in allowing a wooden barge to be loaded with crude oil without adequate fire protection. After the ship had been set afire by lightning, defendant had it cast adrift to save its wharf from destruction. The floating vessel later damaged plaintiff's property two miles distant. Held, defendant committed an actionable wrong. Swan-Finch Oil Corp. et al. v. Warner-Quinlan Co., (N. J. 1933) 167 Atl. 211.
Torts - Electricity - Duty Of Electric Light Company To Trespasser
Torts - Electricity - Duty Of Electric Light Company To Trespasser
Michigan Law Review
Plaintiff suffered injuries, due to the faulty insulation of defendant's transformer, while using the premises for toilet purposes. There was evidence of a similar past use by various persons other than the plaintiff, access being gained through a hole in defendant's fence. There was no record of any lease between the defendant and the owner of the land. Plaintiff seeks to recover for defendant's negligence. Defendant's demurrer was sustained below. Plaintiff brings exceptions. Held, plaintiff being a trespasser, the declaration fails to allege a breach of any duty owing to him. Roe v. Naragansett Electric Co., (R. I. …
Torts - Libel Per Se - Liability Of Newspaper For Republication
Torts - Libel Per Se - Liability Of Newspaper For Republication
Michigan Law Review
A news item published in a newspaper owned by the .defendant stated falsely that the plaintiff was being held in jail on a charge of forgery. From a judgment for plaintiff the defendant appealed. Held, the defamatory statement was "libellous per se," and the defendant was liable though the information was received through a reliable news-gathering agency and was printed without malice. Oklahoma Publishing Co. v. Givens, (C. C. A. 10th, 1933) 67 F. (2d) 62.
Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements
Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements
Michigan Law Review
The plaintiff, a 15-year-old boy, was employed by the manager of the defendant's store in delivering merchandise and in peddling bills. One cold day the manager asked the plaintiff to accompany him in the truck and deliver orders. Despite the boy's objection that it was "too stormy," the manager told him that he must go, that he would not have time to go home after warmer clothing, that he would be gone but a short time, and that "he would be all right." As a result of this trip, the plaintiff became seriously ill and now sues for damages on …
Torts-Release Of Joint Tortfeasor
Torts-Release Of Joint Tortfeasor
Michigan Law Review
Plaintiff, vendee, sued defendant, vendor, upon an alleged fraudulent warranty that the cows, which were the subject matter of the sale, had been immunized against hemorrhagic septicaemia, or "shipping fever." While in transit, through the negligence of the railroad, the cows were injured. Their resistance to the disease was consequently lowered and they became infected, whereby plaintiff was damaged by consequent sterility, unmarketable milk, and abortions. Plaintiff accepted $1,500 from the railroad as "settlement in full for any liability you may be under." This settlement was pleaded as a bar to the action against the vendor. Held, that plaintiff's …
Automobiles--The Family Purpose Doctrine In Kentucky, Harry I. Stegmaier
Automobiles--The Family Purpose Doctrine In Kentucky, Harry I. Stegmaier
Kentucky Law Journal
No abstract provided.
Sales--Liability Of Restaurant Owner For Serving Unfit Food, James R. Richardson
Sales--Liability Of Restaurant Owner For Serving Unfit Food, James R. Richardson
Kentucky Law Journal
No abstract provided.
Municipal Corporations - Municipal Responsibility For The Torts Of Policemen
Municipal Corporations - Municipal Responsibility For The Torts Of Policemen
Michigan Law Review
E, standing near the scene of a holdup in the Bronx, was shot by a stray bullet from the gun of a policeman engaged in pursuing several highwaymen. The Municipal Assembly of New York City enacted in 1927 an ordinance providing that the Board of Estimate is authorized to make an award of damages to such innocent bystanders when injured by policemen. E received an award of $6,740 from the Board for injuries suffered. Upon the Comptroller's refusal to pay it without a judicial declaration of its legality, E sued out a writ of mandamus. It was held that …
Insurance - Failure To Act Promptly On Application - Tort Liability Of Insurer
Insurance - Failure To Act Promptly On Application - Tort Liability Of Insurer
Michigan Law Review
Although mere delay in passing upon an application for insurance cannot, as a rule, be construed as an acceptance of the offer for a contract of insurance, in recent years some courts have held insurance companies liable in tort where there has been delay in acting upon the policy and the loss sought to be insured against has occurred in the meantime. Plaintiff, to sustain a cause of action in tort, must prove negligence on the part of the insurer, or its agents, and that the policy would have been issued to the applicant but for the negligence. The suit …
Contribution Between Tortfeasors, Ellis Berger
Contribution Between Tortfeasors, Ellis Berger
Indiana Law Journal
No abstract provided.
Mines And Minerals--Damages For Trespass, Joseph D. Webb
Mines And Minerals--Damages For Trespass, Joseph D. Webb
Kentucky Law Journal
No abstract provided.