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Full-Text Articles in Torts
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.
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. …