Digital Commons Network^™

Declaratory Judgment To Declare A Prior Judgment Void

Indiana Law Journal

Recent Case Notes

Comments

Missouri Law Review

No abstract provided.

Torts - Negligence - Duty Of Owner Of Place Of Public Amusement To Protect Against Criminal Acts, Michigan Law Review

Michigan Law Review

Plaintiff as patron of defendant's theater, while in the ladies' room located on one of the top floors of the theater, was assaulted and robbed. The testimony for the plaintiff showed an absence of attendants except on the main floor. At the end of the plaintiff's case the complaint was dismissed. Held, non-suit was erroneous; there was evidence from which the jury could infer that the defendant should reasonably have anticipated the happening of the incident and had failed to take reasonable precautions to guard against it. Hart v. Hercules Theatre Corp., (S. Ct. 1939) 13 N. Y. …

Torts - Right Of Privacy - Radio Broadcasting, Michigan Law Review

Michigan Law Review

Plaintiff, a chauffeur, had been the victim of a hold-up and shooting, suffering serious injury. Defendant sponsored a radio broadcast in which plaintiff's name was used dramatizing the affair. On hearing the broadcast, plaintiff sued in tort alleging that he suffered mental anguish and physical shock which resulted in impairing his ability to drive and caused him to be discharged from his job. Held, defendant's motion to dismiss denied, as plaintiff had stated a cause of action for invasion of a right of privacy. Mau v. Rio Grande Oil, Inc., (D. C. Cal. 1939) 28 F. Supp. 845.

Some Modern Procedural Developments, William W. Dawson

West Virginia Law Review

No abstract provided.

Physicians And Surgeons - Malpractice - Removal Of Swabs By Surgeon - Res Ipsa Loquitur, Michigan Law Review

Michigan Law Review

Defendant surgeon failed to remove a swab from deceased's body after a major abdominal operation, relying in part on the accuracy of the count made by the head theatre nurse, employed by the hospital in which the operation occurred. In a suit by the mother of deceased against defendant for his alleged negligence, held, the doctrine of res ipsa loquitur applies, necessitating an explanation by defendant, but it is for the jury to decide on the evidence in the entire case whether defendant's conduct constituted a breach of his duty to use due care in performing the operation. Mahon …

Defamation Or Disparagement, Harry Hibschman

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Application Of The Sherman Act To “Integrated” And “Loose” Industrial Combinations, Charles H. Weston

Law and Contemporary Problems

No abstract provided.

Vignettes Of The Criminal Court, Charles C. Arado

Journal of Criminal Law and Criminology

No abstract provided.

Parole Can Be Successful (Five Year Study--New York), Edward R. Cass

Journal of Criminal Law and Criminology

No abstract provided.

The Treatment Of Juvenile Delinquency In England During The Early Nineteenth Century, Yale Levin

Journal of Criminal Law and Criminology

No abstract provided.

Assault And Battery By The Reckless Motorist, Livingston Hall

Journal of Criminal Law and Criminology

No abstract provided.

Recent Trends In The Law Of Picketing

Fordham Law Review

No abstract provided.

Correspondence

Fordham Law Review

No abstract provided.

The Development Of Labor Law In Kentucky, George Neff Stevens

Kentucky Law Journal

No abstract provided.

Insults--Practical Jokes--Threats Of Future Harm--How New As Torts?, Reynolds C. Seitz

Kentucky Law Journal

No abstract provided.

Table Of Cases

Missouri Law Review

No abstract provided.

The Lawyer--An Appraisement, William G. Stathers

West Virginia Law Review

No abstract provided.

The Achilles Heel Of Constitutional Government In America: The Use And Abuse Of The Public Money Power, O. R. Mcguire

West Virginia Law Review

No abstract provided.

Oil And Gas Interests In New York Statutory Conflicts , Parker Bailey

Cornell Law Review

No abstract provided.

Federal Rules Of Civil Procedure Interpreted , Carl C. Wheaton

Cornell Law Review

No abstract provided.

94th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

94th University of Notre Dame Commencement Program

Summer

A Footnote On Dangerous Animals, Mary Coate Mcneely

Michigan Law Review

Much has been said and written by courts and authors on different aspects of the question of liability for injuries by animals, but there remains the task of fitting all these pieces into a complete pattern. The general subject of liability of the possessor of harm-producing animals has been treated on two separate and independent theories: (1) trespass, for injuries by marauding cattle; (2) case, for harms caused by animals other than trespassing cattle. The explanation for the separation of these two bodies of law is in part historical, the possessor of straying cattle being historically so identified with them …

Legal Protection Of Ideas, James C. Logan

Missouri Law Review

No abstract provided.

Contributors To The May Issue/Notes, Edward Francis O'Malley, David A. Gelber, Frank J. Lanigan

Notre Dame Law Review

No abstract provided.

Constitutional Law - State Regulation Of Business - Theaters, F. S.

Louisiana Law Review

No abstract provided.

Federal Rules Of Civil Procedure - Diversity Of Citizenship - Third Party Practice, R. K.

Louisiana Law Review

No abstract provided.

Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper

Michigan Law Review

The recent decision of the Supreme Court of the United States in M. E. Blatt Co. v. United States has fairly settled the conflict that has ranged for over twenty years between the Commissioner of Internal Revenue and the Board of Tax Appeals on one side, and the courts on the other. The commissioner's contention that improvements made by a lessee should be taxed as income to the lessor was denied, and by dictum the Court approved the reasoning of Judge Learned Hand in Hewitt Realty Co. v. Commissioner, wherein he said that the judicial concept of "income" did …

Pre-Copyright Rights, Carl W. Doozan

Notre Dame Law Review

No abstract provided.

Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser

Michigan Law Review

It is time to recognize that the courts have created a new tort. It appears, in one disguise or another, in more than a hundred decisions, the greater number of them within the last two decades. Of course there is no necessity whatever that there should be separate torts, or that a tort must have a name; but if a name must be found for this one, we might do worse than to borrow a word from the vernacular of Kentucky and points south, and call it "orneriness." It is something very like assault. It consists of the intentional, outrageous …