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Articles 1 - 30 of 78
Full-Text Articles in Torts
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Michigan Law Review
The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.
Negotiable Instruments--Defense Available Against Holder In Due Course, John Ralph Lukens
Negotiable Instruments--Defense Available Against Holder In Due Course, John Ralph Lukens
West Virginia Law Review
No abstract provided.
Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish
Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish
Michigan Law Review
Defendants, professional consulting engineers, contracted with the city of Chattanooga to design a sewage system. As part of their performance of the contract they prepared a report of geological conditions which was to be distributed by the city to prospective bidders. Plaintiff, a tunneling subcontractor, had no dealings with the defendants, but did rely on their report in making its bid. Because one of defendant's draftsmen carelessly omitted pertinent geological information from the report, it took plaintiff three weeks longer to complete the work than had been anticipated. Plaintiff sued defendant for damages for misrepresentation; held, plaintiff may recover. …
Torts—Malpractice—Cause Of Action Accrues Only At End Of Treatment Which Includes Wrongful Acts Or Omissions, Ronald B. Felman
Torts—Malpractice—Cause Of Action Accrues Only At End Of Treatment Which Includes Wrongful Acts Or Omissions, Ronald B. Felman
Buffalo Law Review
Borgia v. City of New York, 12 N.Y.2d 151, 187 N.E.2d 777, 237 N.Y.S.2d 319 (1962).
Torts—Contributory Negligence As A Matter Of Law, Josephine Y. King
Torts—Contributory Negligence As A Matter Of Law, Josephine Y. King
Buffalo Law Review
Nucci v. Warshaw Constr. Corp., 12 N.Y.2d 16, 186 N.E.2d 401, 234 N.Y.S.2d 196 (1962).
Torts—Maintenance Of Abandoned House In State Of Disrepair Not Basis For Absolute Liability, Thomas C. Mack
Torts—Maintenance Of Abandoned House In State Of Disrepair Not Basis For Absolute Liability, Thomas C. Mack
Buffalo Law Review
Beauckamp v. New York City Housing Authority, 12 N.Y.2d 400, 240 N.Y.S.2d 15, 190 N.E.2d 412 (1963).
Torts—Constructive Release Of Co-Tortfeasors Fails, Donald P. Simet
Torts—Constructive Release Of Co-Tortfeasors Fails, Donald P. Simet
Buffalo Law Review
Derby v. Prewitt, 12 N.Y.2d 100, 187 N.E.2d 556, 236 N.Y.S.2d 953 (1962) (three judges dissenting).
Torts—Liability For Disability From Occupational Disease Commences With Medical Treatment Even Where There Is No Loss Of Earnings, Ronald L. Fancher
Torts—Liability For Disability From Occupational Disease Commences With Medical Treatment Even Where There Is No Loss Of Earnings, Ronald L. Fancher
Buffalo Law Review
Ryciak v. Eastern Precision Resistor, 12 N.Y.2d 29, 186 N.E.2d 408, 234 N.Y.S.2d 207 (1962).
Torts—Products Liability Cases—Privity No Longer Required, Thomas C. Mack
Torts—Products Liability Cases—Privity No Longer Required, Thomas C. Mack
Buffalo Law Review
Goldberg v. Kollsman Instrument Corp., 12 N.Y.2d 432, 240 N.Y.S.2d 592, 191 N.E.2d 81 (1963).
Torts—Applicability Of Statute Of Limitations In Breach Of Warranty And Negligence Actions, William A. Carnahan
Torts—Applicability Of Statute Of Limitations In Breach Of Warranty And Negligence Actions, William A. Carnahan
Buffalo Law Review
Schwartz v. Heyden Newport Chem. Corp., 12 N.Y.2d 212, 188 N.E.2d 142, 237 N.Y.S.2d 714 (1963).
Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone
Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone
Vanderbilt Law Review
After setting out the factors which make for change in the compensation structure, the author goes on to discuss three problem areas in which that change is clearly visible: distinguishing between employees and independent contractors, determining tho rights of a borrowed employee, and deciding whether an accident arose out of the employment. He concludes that the law of workmen's compensation is developing in consonance with the social philosophy which underlies it.
Liability Insurance And The Rule Of Exclusion In Tort Actions
Liability Insurance And The Rule Of Exclusion In Tort Actions
Washington and Lee Law Review
No abstract provided.
Ordering Physical Examination Of Personal Injury Plaintiffs
Ordering Physical Examination Of Personal Injury Plaintiffs
Washington and Lee Law Review
No abstract provided.
Torts—Gross Negligence Under The Guest Statute, Dwayne Copple
Torts—Gross Negligence Under The Guest Statute, Dwayne Copple
Washington Law Review
The first definitive interpretation of "gross negligence" within the meaning of the 1957 amendment to the Host-Guest Statute has been given by the Washington court in the case of Crowley v. Barto.
Municipal Liability For Police Torts: An Analysis Of A Strand Of American Legal History, Marshall S. Shapo
Municipal Liability For Police Torts: An Analysis Of A Strand Of American Legal History, Marshall S. Shapo
University of Miami Law Review
No abstract provided.
Torts—Assumption Of Risk, Virginia A. Oldow
Torts—Assumption Of Risk, Virginia A. Oldow
Washington Law Review
In Siragusa v. Swedish Hospital the Washington Supreme Court abolished the assumption of risk defense in suits brought by employees against their employers. Overruling prior decisions that were inconsistent, the court held that an employer has a duty to exercise reasonable care to provide his employees with a reasonably safe place to work, and may not assert as a defense to an action based on his breach of that duty, that the injured employee was aware or should have known of the negligently maintained condition. The court adopted the position of the Missouri and North Carolina courts that the employee …
Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces
Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces
Washington Law Review
Until recently, a plaintiff who had suffered emotional injury normally had to show an accompanying physical harm in order to maintain a successful action for damages. His ability to recover for severe emotional distress unaccompanied by physical injury is being recognized by an increasing number of jurisdictions. The current situation is marked by the unsettled nature of the law. Reluctance to grant relief for such an injury has been based upon a desire to avoid not only fictitious claims, but also the litigation of trivialities and bad manners. However, even before this change in attitude by the courts, if some …
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Washington Law Review
Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.
Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi
Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi
Washington Law Review
The Washington position on interspousal tort immunity should be reconsidered in view of two recent California decisions, Self v. Self,, and Klein v. Klein.
Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.
Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.
Washington Law Review
No abstract provided.
Duty Of A Liability Insurer To Settle Within Policy Limits -- The Problem Of Excess Liability, Martin E. Segal
Duty Of A Liability Insurer To Settle Within Policy Limits -- The Problem Of Excess Liability, Martin E. Segal
University of Miami Law Review
No abstract provided.
Torts—Intersection Collisions—Deception, Robert L. Beale
Torts—Intersection Collisions—Deception, Robert L. Beale
Washington Law Review
The invitation to litigation issued by the Washington court when it decided Martin v. Hadenfeldtin 1930 was again accepted by counsel in Chavers v. Olad.
Torts—Nuisance Per Se, L. William Houger
Torts—Nuisance Per Se, L. William Houger
Washington Law Review
Macy v. Chelan perpetuated the confusion which has long existed about the concept of nuisance per se.
Torts—Prenatal Injury, Beverly Rosenow
Torts—Prenatal Injury, Beverly Rosenow
Washington Law Review
Seattle-First National Bank v. Rankin is the first Washington case allowing recovery for injuries suffered before birth because of negligence. By recognizing a cause of action for prenatal injuries, this jurisdiction joins the trend of recent decisions in the area.
Torts—Unavoidable Accident Instruction, L. William Houger
Torts—Unavoidable Accident Instruction, L. William Houger
Washington Law Review
Cooper v. Pay-N-Save Drugs, Inc., and Schultz v. Cheney School Dist. concerned the use of the unavoidable accident instruction by trial courts. The court held that the giving of the instruction was error in the Cooper case but not error in the Schultz case.
The Submission Of Special Verdicts In Negligence Cases -- A Critique Of The Bug Bite Case, Leon Green
The Submission Of Special Verdicts In Negligence Cases -- A Critique Of The Bug Bite Case, Leon Green
University of Miami Law Review
No abstract provided.
The Law Of Organized Nudism, Henry M. Schmerer
The Law Of Organized Nudism, Henry M. Schmerer
University of Miami Law Review
No abstract provided.
The Individual Member's Right To Recover For A Defamation Leveled At The Group, Mason C. Lewis
The Individual Member's Right To Recover For A Defamation Leveled At The Group, Mason C. Lewis
University of Miami Law Review
No abstract provided.
Nuisance -- As A "Taking" Of Property, Stanley L. Lester
Nuisance -- As A "Taking" Of Property, Stanley L. Lester
University of Miami Law Review
No abstract provided.