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Articles 1 - 30 of 44
Full-Text Articles in Torts
Independent Contractor-Injury Caused By Contractor Operating Vehicle Under Carrier's Permit
Independent Contractor-Injury Caused By Contractor Operating Vehicle Under Carrier's Permit
Indiana Law Journal
No abstract provided.
Negligence - Liability For Emotional Disturbance, William K. Jackson
Negligence - Liability For Emotional Disturbance, William K. Jackson
Michigan Law Review
Defendant negligently sold unlabeled poisoned bran, thereby causing the death of or permanent injury to the buyer's cows, and the loss of his dairy business. As a result of this calamity, the buyer died from a decompensated heart caused by emotional distress and nervous shock. The buyer had commenced action for damages and it is continued here by his wife as administratrix of his estate. Held, recovery may be had for the buyer's death. Rasmussen v. Benson, (Neb. 1938) 280 N. W. 890.
Torts - Recovery For Emotional Disturbance Unaccompanied By Physical Injury, Michigan Law Review
Torts - Recovery For Emotional Disturbance Unaccompanied By Physical Injury, Michigan Law Review
Michigan Law Review
Appellee brought an action in tort to recover damages for mental anguish suffered when appellant had an autopsy performed upon the body of her deceased husband. Appellant had been requested to perform the postmortem by decedent's employer, who was authorized under the state workmen's compensation act to require an autopsy. The act also provided that no autopsy should be held without notice first being given to the widow or next of kin and an opportunity given to have a representative present to witness the same. The only effect under the act of a failure to give notice was to render …
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Michigan Law Review
Plaintiff purchased cigars from a retail merchant. The cigars were sold under a trade name and when purchased from a wholesaler by the retailer were wrapped in cellophane, and were sold to the plaintiff while still in the original wrapper. One of the cigars contained a firecracker, which exploded when plaintiff lighted the cigar, causing substantial injury. Held, that the plaintiff can recover from the retailer. Dow Drug Co. v. Nieman, 57 Ohio App. 190, 13 N. E. (2d) 130 (1936).
Manufacturer's Liability For Injuries Caused By His Products: Defective Automobiles, Lester W. Feezer
Manufacturer's Liability For Injuries Caused By His Products: Defective Automobiles, Lester W. Feezer
Michigan Law Review
When a manufactured article fails to meet the reasonable expectations of the purchaser-user and in consequence he suffers personal injury or property damage, is the manufacturer responsible? When the user purchases from the manufacturer, so that there is privity of contract and the formulated concepts of sales and warranty law are available, we have a relatively simple situation which it is not the primary purpose of this paper to discuss. The common-law concepts for dealing with such problems seem to have been formulated in times when this privity element was usually present, and it is therefore not a matter of …
Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio
Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio
Michigan Law Review
The Supreme Court of Minnesota was recently confronted with an interesting problem in the case of Johnson v. Gustafson. Real property was listed by the owner with the plaintiff, a real estate broker, who was to receive a $300 commission if she found a purchaser therefor. The plaintiff interested one Clarity in the property, but no offer to purchase was made. Desiring the property but being unwilling to pay the full price of $6,000, Clarity induced his friend Gustafson to purchase it for $5,700 with Clarity's money, directly from the owner, who had a right to sell it himself …
Negligence - Proximate Cause - Intervening Act Of A Child, Stanton J. Schuman
Negligence - Proximate Cause - Intervening Act Of A Child, Stanton J. Schuman
Michigan Law Review
Defendant's truck was overloaded with unslaked lime and a piece which fell off was picked up by the child plaintiff, who put the lime in a bucket of damp earth which he was carrying. In the resulting explosion plaintiff lost one eye and injured the other. Held, the intervening act of a person over whom the defendant had no control broke the chain of causation. Leoni v. Reinhard, 327 Pa. 391, 194 A. 490 (1937).
Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio
Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio
Michigan Law Review
A series of Minnesota statutes, passed from time to time regulating the conduct of railroads, were united in the laws of 1925. Among other things, this act empowers the Railroad and Warehouse Commission to prescribe and order safety devices at crossings. The plaintiff was injured when the car in which he was riding hit defendant's train, which was already over the crossing. The evidence showed that the street sloped steeply toward the track, but the track was somewhat elevated from the street level at the crossing, so that the lights from the automobile could not shine on the train. Nor …
Torts - Unauthorized Publication Of Photograph - Invasion Of Right Of Privacy, James W. Mehaffy
Torts - Unauthorized Publication Of Photograph - Invasion Of Right Of Privacy, James W. Mehaffy
Michigan Law Review
Defendant newspaper published an advertisement containing a picture of plaintiff, a radio artist, in a bathing suit, under the mistaken belief that it was a picture of a member of a vaudeville troupe whose name appeared in the advertisement, and who was described as an "exotic red-haired Venus" who endorsed a certain brand of whole-wheat bread as a means of "keeping that sylph-like figure." Plaintiff alleged that the vaudeville act was a "sensual performance or sex parade" and was composed of the "cheapest class of chorus girls." Held, that the advertisement was an invasion of plaintiff's right of privacy …
Municipal Corporation Tort Liability
The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
Washington Law Review
Under the doctrine of res ipsa loquitur, where proof is made that an injury occurred under certain circumstances, negligence will be presumed from those circumstances. It is the purpose of this comment to discuss the doctrine as it exists in Washington from the standpoint of: (1) Under what circumstances will the doctrine be applied; (2) What effect will be given to the doctrine when it is applied; and (3) Will the applicability of the doctrine be affected by the plaintiff's pleading and attempting to prove specific acts of negligence.
Swift V. Tyson Overruled, Erle A. Kightlinger
Swift V. Tyson Overruled, Erle A. Kightlinger
Indiana Law Journal
No abstract provided.
Torts--Assumption Of Risk--Workmen's Compensation, A. F. G.
Torts--Assumption Of Risk--Workmen's Compensation, A. F. G.
West Virginia Law Review
No abstract provided.
Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review
Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review
Michigan Law Review
A microphone was installed in a court room with consent of the trial judge and counsel, for a direct broadcast of a murder trial. Prisoner's counsel, in his argument to the jury, made certain remarks concerning the plaintiff, state's witness, which the latter claimed were libelous per se. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff asserted that the installation of the equipment was an "extrajudicial and illegal" act. Defendant trial judge's motion for non-suit was granted at the close of plaintiff's case, The case was submitted to the …
Torts - Negligent Misrepresentations - Information Gratuitously Supplied, Michigan Law Review
Torts - Negligent Misrepresentations - Information Gratuitously Supplied, Michigan Law Review
Michigan Law Review
Plaintiffs, who were liquidating trustees of a building and loan association, alleged that the association requested defendant to send it a copy of a certain will, but that defendant, who was trustee under the will, sent the association a copy of another will. Since the testators bore the same name, the association did not realize the error, but relied on the copy and suffered a loss which it would not have suffered if it had known the true state of facts. Plaintiffs sued to recover the loss. Held, plaintiffs have not stated a cause of action, inasmuch as they …
Negligence - Duty Of Storekeeper - Injuries To Customer From Acts Of Third Parties, Michigan Law Review
Negligence - Duty Of Storekeeper - Injuries To Customer From Acts Of Third Parties, Michigan Law Review
Michigan Law Review
Plaintiff, a customer in defendant's store, was injured when, as she reached the intersection of two aisles, she was struck by a child riding a tricycle which belonged to defendant. There was no proof that defendant customarily permitted children to ride the tricycles displayed for sale; nor was it shown that defendant had authorized its use on this occasion. Held (two judges dissenting), defendant not liable. Barnes v. J. C. Penney Co., 190 Wash. 633, 70 P. (2d) 311 (1937).
Torts-Negligence Per Se-Violation Of Criminal Statute Or Ordinance
Torts-Negligence Per Se-Violation Of Criminal Statute Or Ordinance
Indiana Law Journal
No abstract provided.
Release Of Claim For Personal Injury--Right In Action As Law To Avoid Release Based On Mutual Mistake Of Fact, A. L. B.
West Virginia Law Review
No abstract provided.
Negligence - Attractive Nuisance Doctrine - Liability To Infant Trespassers, Michigan Law Review
Negligence - Attractive Nuisance Doctrine - Liability To Infant Trespassers, Michigan Law Review
Michigan Law Review
A thirteen-year-old boy was killed while standing under a defective hoist in defendant's ice plant. There was evidence that for three or four years children had been accustomed to frequent the plant and play there without apparent objection from the defendant. Held, the defendant was liable for breach of a duty to use due care in maintaining a dangerous hoist accessible to children who were so frequently present in the plant as to imply a tacit assent to their presence. Weimer v. Westmoreland Water Co., 127 Pa. Super. 201, 193 A. 665 (1937).
Negligence - Contributory Negligence - Last Clear Chance - Discovered Peril - Railroad Grossing Accident, Michigan Law Review
Negligence - Contributory Negligence - Last Clear Chance - Discovered Peril - Railroad Grossing Accident, Michigan Law Review
Michigan Law Review
Plaintiff's decedent was killed in a collision, between his car and defendant's train, which occurred at a crossing in a small town. Crossing signals were in operation, and deceased drove onto the track with his attention on a switching train at his right. A passenger train came along from his left at an excessive speed and without signalling. The engineer testified that, after he saw decedent, he could have stopped the train, or slowed down enough so that decedent could have crossed safely. Held, plaintiff entitled to recover. Missouri Pac. R. R. v. Huffman, (Ark. 1937) 108 S. …
Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review
Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review
Michigan Law Review
Plaintiff sued to recover for personal injuries sustained when riding with defendants in the latters' automobile. The parties were on a few days' pleasure trip. It was apparently the tacit and mutual understanding that the expenses of transportation, hotels, etc., would be shared equally. Held, plaintiff was a guest within the meaning of the guest statute, and thus had no right of recovery against the driver or owner for injury resulting from the negligence of the driver. McCann v. Hoffman, (Cal. 1937) 70 P. (2d) 909.
Negligence - Proximate Cause -Train Obstructing Highway - Failure To Warn Of Obstruction - Ice On Highway, Michigan Law Review
Negligence - Proximate Cause -Train Obstructing Highway - Failure To Warn Of Obstruction - Ice On Highway, Michigan Law Review
Michigan Law Review
Deceased, for whose death an administratrix sued defendant railroad, was a guest in a car which collided with a standing freight car at a highway crossing. The train was unlighted; the crossing unguarded; the visibility poor (as the accident occurred at about nine-thirty in the evening, during a snow storm). The hostdriver did not see the train until he was rather close to it; but he testified that, had it not been for ice concealed under the snow on the road, he could have stopped, after he saw the car on the crossing in time to have avoided a collision. …
Torts - Violation Of Penal Statute As Civil Wrong - Bucketing - Intentional Wrong, Michigan Law Review
Torts - Violation Of Penal Statute As Civil Wrong - Bucketing - Intentional Wrong, Michigan Law Review
Michigan Law Review
A statute prohibited bucketing operations by dealers in securities and commodities, and provided penalties for such offenses. Plaintiff alleges that, acting without knowledge of defendant's illegal operations, he gave the defendant an order for the purchase of stock, which, he says, was not executed, as defendant reported, but "bucketed" in a manner prohibited by statute. Plaintiff sued to recover damages. Defendant demurred on the grounds (1) that the transaction referred to was not bucketing, but (2) that if it was, defendants were not liable to this plaintiff as the latter was not within the class of persons intended to be …
Municipal Corporations--Liability For Tort--Swimming Pools, J. G. Mcc.
Municipal Corporations--Liability For Tort--Swimming Pools, J. G. Mcc.
West Virginia Law Review
No abstract provided.
Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review
Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review
Michigan Law Review
A landlord made an oral, month-to-month lease of premises to one Harris, who occupied the premises as a beauty shop in which he employed his wife. Both at the time of the letting and subsequently, an agent of the landlord agreed to repair a defective cellar stairway, but failed to do so. The lessee's wife was injured by the collapse of the stairway; thereupon, the tenant and his wife sued the landlord. A verdict was directed against the tenant and judgment non obstante veredicto was entered against the wife. The wife appealed. Held, even assuming the wife not contributorily …
Witnesses - Contradiction Of Party's Own Testimony By Other Witnesses Called By Him, Michigan Law Review
Witnesses - Contradiction Of Party's Own Testimony By Other Witnesses Called By Him, Michigan Law Review
Michigan Law Review
In an automobile guest action for injuries received when defendant drove his auto against the center pier of a viaduct on a city street, wherein the only defense was plaintiff's contributory negligence in remaining in the auto with knowledge that defendant was intoxicated, defendant testified that he was not under the influence of liquor. Held, defendant could not thereafter offer testimony of other witnesses to prove he was intoxicated at a time shortly after the accident, since his own testimony was in regard to facts peculiarly within his own knowledge and given apparently in good faith. Vondrashek v. Dignan …
Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw
Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw
Michigan Law Review
Plaintiff, an eighteen-year-old girl, was riding in the front seat of a Ford coupe with three young men on a clear night. The car, driven by defendant, was going sixty to sixty-five miles per hour and in rounding a curve struck another car. Plaintiff was thrown out and injured. The driver of the second car was joined as codefendant. Held, when more than three persons occupy the front seat of a car, overcrowding it and hampering the driver, those overcrowding it are guilty of contributory negligence as a matter of law; and where the accident was caused by lack …
Judgment In Favor Of Servant As Bar To An Action Against Master For Same Tort--Criticism Of The Kentucky Rule, Hubert T. Willis, Charles M. Gadd
Judgment In Favor Of Servant As Bar To An Action Against Master For Same Tort--Criticism Of The Kentucky Rule, Hubert T. Willis, Charles M. Gadd
Kentucky Law Journal
No abstract provided.
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
Washington Law Review
It is fifty years, almost to a day, since the problem of liability for physical injuries to the plaintiff, caused not by impact but by fright or shock induced by defendant's negligent conduct, made its nearly simultaneous appearance in England and the United States. Both the House of Lords and the Supreme Court of New York disposed of it by denying liability; both stressed the lack of precedent as the basis for decision. Since then, precedents have come in plenty, and while many of the states still deny an action, the majority in which the question has arisen, supported by …