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Torts Commons

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1938

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Institution
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Articles 31 - 44 of 44

Full-Text Articles in Torts

Jurisdictions Adopting The Tort Standard Of Care In Criminal Negligence, Ramon A. Woodall Ii Jan 1938

Jurisdictions Adopting The Tort Standard Of Care In Criminal Negligence, Ramon A. Woodall Ii

Kentucky Law Journal

No abstract provided.


The Doctrine Of Implied Warranty Between Restaurant-Keeper And Guest - Child's Dining Hall Co. V. Swingler Jan 1938

The Doctrine Of Implied Warranty Between Restaurant-Keeper And Guest - Child's Dining Hall Co. V. Swingler

Maryland Law Review

No abstract provided.


Liability Of Parents For Tort Of Child - Rounds, Admr. V. Phillips Et Al. - Kerrigan V. Carroll Et Al. Jan 1938

Liability Of Parents For Tort Of Child - Rounds, Admr. V. Phillips Et Al. - Kerrigan V. Carroll Et Al.

Maryland Law Review

No abstract provided.


Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper Jan 1938

Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.


A Synthesis Of The Law Of Misrepresentation, Fowler V. Harper, Mary Coate Mcneely Jan 1938

A Synthesis Of The Law Of Misrepresentation, Fowler V. Harper, Mary Coate Mcneely

Articles by Maurer Faculty

No abstract provided.


A Re-Examination Of The Basis For Liability For Emotional Distress, Fowler V. Harper, Mary Coate Mcneely Jan 1938

A Re-Examination Of The Basis For Liability For Emotional Distress, Fowler V. Harper, Mary Coate Mcneely

Articles by Maurer Faculty

No abstract provided.


Who May Sue For Wrongful Death Caused And Occurring Outside The State Of The Forum Rose V. Phillips Packing Co., Inc. Jan 1938

Who May Sue For Wrongful Death Caused And Occurring Outside The State Of The Forum Rose V. Phillips Packing Co., Inc.

Maryland Law Review

No abstract provided.


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 Jan 1938

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.


Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review Jan 1938

Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review

Michigan Law Review

A statute provided "No action shall be maintained by any person . . . against any city" unless the person injured filed notice of claim within three months after the injury. The plaintiff, an infant sixteen years of age, was injured when he fell into an unlighted, unguarded opening in a sidewalk at the city's memorial building, which the city had rented for the evening in question to a boy scout group of which plaintiff was a member. No statutory notice was filed. The court held the statute created a mandatory condition precedent, applying to infants as well as adults, …


Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review Jan 1938

Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review

Michigan Law Review

The minor plaintiff, a child of seven, sued to recover damages for personal injuries received while playing upon defendant's road scraper which had been parked near a playground in a vacant lot belonging to a stranger. Held, that the defendant was under a duty to guard against danger of injury to children by tying fast the operating mechanism with a rope, and the plaintiff, even though a trespasser, is entitled to recover. "The defense of no liability to a trespasser is personal to the owner of the premises trespassed upon; it does not inure to the benefit of strangers …


Negligence - Liability Of Street Railways For Injuries To Alighting Passengers - Duty Of Car Employees, Dan K. Cook Jan 1938

Negligence - Liability Of Street Railways For Injuries To Alighting Passengers - Duty Of Car Employees, Dan K. Cook

Michigan Law Review

Plaintiff passenger, while alighting from the right side of a street car, operated by defendant street railway company in the center of a well-traveled road, was struck by an automobile traveling toward plaintiff from the front of the street car on the same side from which plaintiff was discharged. The automobile was traveling this uncommon course by reason of road repairs which created a temporary situation during which motor traffic in both directions was traveling along the half of the road on which plaintiff was alighting. Plaintiff contended, in an action brought for the injuries she sustained, that a legal …


Negligence - Duty To Control Conduct Of Another - Landowner's Duty To Those Outside His Premises, Michigan Law Review Jan 1938

Negligence - Duty To Control Conduct Of Another - Landowner's Duty To Those Outside His Premises, Michigan Law Review

Michigan Law Review

In violation of its rules prohibiting trespassing, defendant railroad's signal maintenance man invited a third person to shoot ducks from the signal tower. The trespasser, while in the tower, negligently shot plaintiff's decedent, who was shooting on adjacent land. Held, the defendant company did not violate its duty to use care commensurate with known danger, hence was not liable. DeRyss v. New York Cent. Ry., 275 N. Y. 85, 9 N. E. (2d) 788 (1937).


Negligence - Duty To Rescue One In Peril - Last Clear Chance, Michigan Law Review Jan 1938

Negligence - Duty To Rescue One In Peril - Last Clear Chance, Michigan Law Review

Michigan Law Review

Plaintiff's decedent was killed when his car, stalled on a grade crossing, was struck by defendant's train. Plaintiff brought suit in a state court, joining with defendant company a resident signal tower watchman, who regulated the movements of two companies' trains at a railroad intersection near the grade crossing. Plaintiff alleged that the individual defendant saw, or should have seen, the stalled automobile on the track, and that he failed to stop the train and neglected to use the signal devices he controlled. The case was removed to a federal court. On plaintiff's motion to remand it was held, …


Torts - Prenatal Injuries To Infants, Frank B. Stone Jan 1938

Torts - Prenatal Injuries To Infants, Frank B. Stone

Michigan Law Review

This was an action by the administrator under the survival act. Decedent's mother while a passenger on the defendant's street-car was injured through negligence of an employee. Decedent thus suffered prenatal injuries to his skull from which he died three months after birth. The birth occurred 22 days after the accident and after a normal period of gestation. Held, there is no liability to an infant for prenatal injuries and therefore no cause of action existed in the child or survives to the administrator. Newman v. City of Detroit, 281 Mich. 60, 274 N. W. 710 (1937).