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1938

Due care

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Full-Text Articles in Torts

Torts - Negligent Misrepresentations - Information Gratuitously Supplied, Michigan Law Review May 1938

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 - Attractive Nuisance Doctrine - Liability To Infant Trespassers, Michigan Law Review Apr 1938

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).