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Articles 1 - 30 of 47
Full-Text Articles in Torts
Contributory Negligence Of Young Children, C. L. C.
Contributory Negligence Of Young Children, C. L. C.
West Virginia Law Review
No abstract provided.
Modern Tendency Toward The Protection Of The Aesthetic, V. V. C.
Modern Tendency Toward The Protection Of The Aesthetic, V. V. C.
West Virginia Law Review
No abstract provided.
Master And Servant--Liability Of Master For Servant's Negligence In Driving Master's Car To Servant's Home, W. G. W.
West Virginia Law Review
No abstract provided.
Master And Servant--Loan Of Servant To Third Person--Liability For Negligent Injuries To Strangers By The Servant, H. G. W.
West Virginia Law Review
No abstract provided.
Torts--Negligence Per Se., A. F. G.
Negligence - Contributory Negligence - Infant Plaintiff's Violation Of Statute, Wayne E. Babler
Negligence - Contributory Negligence - Infant Plaintiff's Violation Of Statute, Wayne E. Babler
Michigan Law Review
A nine-year old boy, who ran out into the street without looking in both directions, and thus violated a statute, was injured by an automobile the driver of which was allegedly negligent. Held, it is not negligence as a matter of law for a nine-year old boy to step into the street without looking both ways, notwithstanding the penal statute. Michalsky v. Gaertner, 53 Ohio App. yr, 5 N. E. (2d) 181 (1937).
Torts - Liability Of Power Company To Resident For Non-Performance Of Contract With City To Keep Street Light Burning, Paul R. Trigg
Torts - Liability Of Power Company To Resident For Non-Performance Of Contract With City To Keep Street Light Burning, Paul R. Trigg
Michigan Law Review
Defendant public utility was under contract to a municipality to light the streets. Plaintiff, a local resident, was injured in an automobile collision which, he alleged, was caused by defendant's negligent failure to keep a certain street light burning. Defendant demurred. Held, that the demurrer was properly sustained. Tollison v. Georgia Power Co., 53 Ga. App. 795, 187 S. E. 181 (1936).
Damage As Requisite To Rescission For Misrepresentation: Ii, Glenn A. Mccleary
Damage As Requisite To Rescission For Misrepresentation: Ii, Glenn A. Mccleary
Michigan Law Review
For the purpose of an analytical study of the decisions involving rescission for misrepresentation in which the damage problem has been considered, it seems convenient to classify the cases into three groups: (1) where the representee obtains the very thing that he expected to get, but it is worth less than he was led reasonably to expect under the representations made to him; (2) where the representee obtains something substantially different than he was led to expect; and (3) where the representee obtains the very thing that he expected and it is as valuable as he expected it to be, …
Physicians' And Hospitals' Liens On Tort Claims For Services Rendered Injurred Party, Anon
Physicians' And Hospitals' Liens On Tort Claims For Services Rendered Injurred Party, Anon
Washington Law Review
The 1937 session of the Washington Legislature added the medical and allied services to the selective groups whose compensation is protected in part by statutory liens. Chapter 69 of the laws of that session awards a lien to operators of hospitals, licensed nurses, practitioners, physicians and surgeons rendering service "for any person who has received a traumatic injury." The lien is upon "any claim, right of action and/or money to which such person is entitled against any tort feasor and/or insurer of such tort feasor". The amount of the lien is the "value" of the services, plus costs and such …
Defamation And Radio, Donald G. Graham
Defamation And Radio, Donald G. Graham
Washington Law Review
Radio has opened up a new and larger opportunity for defamation than has ever existed before. There are licensed today in the United States 683 broadcasting stations scattered throughout the country. Newspapers are fairly closely owned and do not open their columns generally to the public. Radio stations, on the other hand, broadcast the message not only of those who lease their facilities, but they also carry the messages of men of public affairs and public officials, for which unsponsored broadcasting they receive no commercial return. Speeches of a timely and informative nature delivered before an audience are frequently broadcast …
Damage As Requisite To Rescission For Misrepresentation, Glenn A. Mccleary
Damage As Requisite To Rescission For Misrepresentation, Glenn A. Mccleary
Michigan Law Review
The decadence of equity during the nineteenth century has long been an accepted phenomenon. The attempt to make law coincide with morals in the seventeenth and eighteenth centuries was followed in the nineteenth century by the gradual fixing of rules and a consequent stiffening of the legal systems, in which moral principles became lost in a mass of rules derived from such principles. What were once equitable doctrines tended to become mechanical rules. The former strength of equity has been weakened in the various jurisdictions, due in a large measure to the administration of law and equity by the same …
Assault And Battery-Abusive Language And Threats - Fright Causing Miscarriage, Michigan Law Review
Assault And Battery-Abusive Language And Threats - Fright Causing Miscarriage, Michigan Law Review
Michigan Law Review
Upon the plaintiff's refusal to pay anything on her account with the defendant corporation, the collecting agent of the latter, knowing that the plaintiff was far advanced in pregnancy, called her a "deadbeat" and threatened to have her arrested. In a civil action for wiful trespass to the person, the plaintiff alleged that fright caused by the defendant's conduct resulted in illness and a miscarriage. Held, that there was a cause of action stated, even though there was no physical violence. Kirby v. Jules Chain Stores Corp., 210 N. C. 808, 188 S. E. 625 (1936).
Negligence - Duty Of A Landowner Toward A User Of The Highway, Michigan Law Review
Negligence - Duty Of A Landowner Toward A User Of The Highway, Michigan Law Review
Michigan Law Review
The plaintiffs were walking along the highway when one of them became exhausted. They both sat down for about five minutes on the doorsill of the defendant's factory which was within four inches of the street. No mark indicated the line dividing the street from the defendant's premises. The plaintiffs were about to continue on their way when a sign, fastened over the door of the factory, fell without warning and injured both plaintiffs. The defendant did not know the sign was in danger of falling, but had not inspected it for several years. Held, the plaintiffs cannot recover …
Torts-Duty Arising From Contract-Privity
The Vicarious Liability Of Charitable Corporations
The Vicarious Liability Of Charitable Corporations
Indiana Law Journal
Recent Case Notes
Pleading--Certainty--Proximate Cause, F. W. L.
Pleading--Certainty--Proximate Cause, F. W. L.
West Virginia Law Review
No abstract provided.
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Michigan Law Review
The status of the fireman or policeman who enters on the land of another in the performance of duty, under a right conferred by the law, has quite generally been held to be that of a licensee, to whom the landowner owes no greater duty than to refrain from wilful, wanton misconduct. This places such visitors in the second group of the usual classification, which designates persons present on the land of another as trespassers, licensees (bare licensees, gratuitous licensees, social guests), and invitees (business visitors) . A recent case so holding is Aldworth v. F. W. Woolworth Co., …
Negligence - Proximate Cause - Intervening Act - Mere Condition Or Passive Cause, Michigan Law Review
Negligence - Proximate Cause - Intervening Act - Mere Condition Or Passive Cause, Michigan Law Review
Michigan Law Review
Defendant, driving an automobile at night on a new highway in process of construction, turned therefrom on to the old road with which he was familiar, at such a speed and angle that his headlights did not immediately reveal the condition thereof; the car struck a lantern-marked depression in the road, caused by the excavation by the defendant construction company for a culvert, whereupon the defendant driver lost control, overturning the car, with resultant serious injuries to the plaintiff passenger. From a directed verdict for the defendant construction company, a refusal of the defendant driver's motion for judgment non obstante …
Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review
Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review
Michigan Law Review
As a direct result of the defendant's negligence, "plaintiff fell and sustained injuries including a fracture of the pubic bone. Ten months later, knowing that she could not walk unassisted because the bone had not knit, plaintiff attempted to do so, fell and refractured the bone. Held, that plaintiff's negligence, found as a matter of law, was an "efficient intervening cause" making the defendant's negligence remote as to the aggravation of the injury. S.S. Kresge Co. v. Kenney, (App. D. C. 1936) 86 F. (2d) 651.
Torts - Proximate Cause -Remoteness Of Damage, Michigan Law Review
Torts - Proximate Cause -Remoteness Of Damage, Michigan Law Review
Michigan Law Review
The plaintiff brought an action for damages to his realty, alleging that the murder of his sister-in-law, on his property, by the defendant's decedent, induced numerous curiosity seekers to trespass on his land to view the scene of the crime. Held, the defendant's demurrer was sustained, for the damages were too remote. Koontz v. Keller, 52 Ohio App. 265, 3 N. E. (2d) 694 (1936).
Trial-Motions For A Direct Verdict
Indemnity--Construction Of Indemnity Covenant, J. G. Mcc.
Indemnity--Construction Of Indemnity Covenant, J. G. Mcc.
West Virginia Law Review
No abstract provided.
Torts--Constructive Trusts, C. A. P. Jr.
Torts--Constructive Trusts, C. A. P. Jr.
West Virginia Law Review
No abstract provided.
Gratuitous Promises-A New Writ?, Warren L. Shattuck
Gratuitous Promises-A New Writ?, Warren L. Shattuck
Michigan Law Review
Under the early common law, the fact situations which presented actionable wrongs were limited in number and stereotyped into various writs which issued from the Lord Chancellor. Only as new writs were devised by him was it possible for new fact situations to achieve the dignity of justiciability and so raise legal rights and duties. But with the liberalization of pleading the recognition of new legal rights and duties became a judicial function. In consequence, the constant struggle of new fact patterns for a place in the law is now principally waged before the courts. In this struggle some fail, …
Torts - Fraudulent Interference With Testamentary Benefits, Michigan Law Review
Torts - Fraudulent Interference With Testamentary Benefits, Michigan Law Review
Michigan Law Review
Instituting a suit for damages, plaintiff alleged by way of application for order of examination that defendants had, by fraudulent misrepresentations, diverted the established intention of decedent to provide for plaintiff in the testamentary disposition of decedent's estate, and consequently no disposition in plaintiff's favor was made, to plaintiff's loss. Held, that plaintiff stated a cause of action in tort. Bohannon v. Wachovia Bank & Trust Co., 210 N. C. 679, 188 S. E. 390 (1936).
Limitations Of Actions - Physicians And Surgeons - Malpractice - Accrual Of Cause Of Action, Michigan Law Review
Limitations Of Actions - Physicians And Surgeons - Malpractice - Accrual Of Cause Of Action, Michigan Law Review
Michigan Law Review
Defendant, a physician, treated plaintiff's decedent for cancer. Defendant failed to remove certain radium beads from decedent's uterus, and their presence in her body caused her death approximately five years later. The fact that defendant failed to remove the radium beads was not learned by plaintiff until a few months before decedent's death. Plaintiff brought suit, under the Kansas Wrongful Death Statute, within two years of the discovery of the alleged malpractice. Held, since plaintiff's cause of action accrued when the injurious acts took place, and since the statutory two-year limitation upon the bringing of tort actions was applicable, …
Negligence - Failure Of Restaurant Proprietor To Protect Patron Fom Injury, Michigan Law Review
Negligence - Failure Of Restaurant Proprietor To Protect Patron Fom Injury, Michigan Law Review
Michigan Law Review
As a result of a fight between two men in defendant's restaurant, plaintiff suffered injuries. There is evidence that defendant knew of the violent temper of one of the combatants and that fights were liable to occur at any time in such a place where beer and alcoholic liquors were sold. Held, that there is sufficient evidence of negligence to take the case to the jury. Peck v. Gerber, (Ore. 1936) 59 P. (2d) 675.
Admiralty - Right Of Seamen To Indemnity - Duty Of Shipowner To Warn And Instruct Inexperienced Seamen, James H. Roberton
Admiralty - Right Of Seamen To Indemnity - Duty Of Shipowner To Warn And Instruct Inexperienced Seamen, James H. Roberton
Michigan Law Review
In the recent case of The State of Maryland, the United States Circuit Court of Appeals of the Fourth Circuit held that a seaman could recover indemnity against a vessel in an in rem proceeding in admiralty, for burns received when oil-burning equipment of the vessel exploded. The explosion occurred while the libellant was attempting to light the oil burner in the pit furnace beneath the boilers without having first opened the lower draft. It was a part of the libellant's duties to light the oil burner. He was inexperienced, and no one had instructed him as to the …
Negligence - The Determination Of Existence Of Gross Negligence Making Automobile Host Liable To Non-Paying Guest, Jack L. White
Negligence - The Determination Of Existence Of Gross Negligence Making Automobile Host Liable To Non-Paying Guest, Jack L. White
Michigan Law Review
Under common-law principles a majority of courts require the motorist, who voluntarily undertakes to carry another gratuitously, to exercise the ordinary care of a reasonably prudent man in the management and operation of his automobile. The minority rule, by analogy to the gratuitous bailment cases, requires a person who invites another to ride gratis to use only slight diligence to avoid injury to that person and holds him liable for gross negligence. The minority view undoubtedly appeals to those who feel that it is unsportsmanlike to sue one's benefactor, and yet it is doubtful whether such a purely emotional foundation …
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Michigan Law Review
In propounding the will of the testator for probate, the executor petitioned the surrogate court to exclude from probate certain non-dispositive matter therein, which if published during the testator's lifetime, would have supported an action for libel. Held, that the court had power to exclude the objectionable matter from probate, since it was not properly a part of the will. In re Draske's Will, 290 N. Y. S. 581 (Surr. Ct. 1936).