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Full-Text Articles in Law
Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler
Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler
Pepperdine Law Review
In its landmark case of Li v. Yellow Cab Co., the California Supreme Court judicially adopted the doctrine of comparative negligence in an action involving a plaintiff and a single defendant. The court in Li specifically avoided making any decision concerning the numerous issues which would be involved in a multi-party action: the relationship of multiple defendants with one another, the right of one defendant to join others for the purpose of sharing payment of the judgment, the respective responsibilities of such parties for the judgment (including those insolvent, partially solvent or possessing an immunity), and the procedure for the …
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
Touro Law Review
No abstract provided.
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Touro Law Review
No abstract provided.
Civil Procedure-Trial Practice-Special Verdict Question That Can Be Decisive Only If Answered Negatively, Samuel J. Mckim Iii
Civil Procedure-Trial Practice-Special Verdict Question That Can Be Decisive Only If Answered Negatively, Samuel J. Mckim Iii
Michigan Law Review
Plaintiff was severely burned by the explosion of a can of "liquid bug killer" allegedly sold to him by defendant. Four issues of fact were raised: whether defendant sold the can in question to plaintiff, the former's negligence, the latter's contributory negligence, and the amount of the damages. The trial judge submitted to the jury, over the objections of both parties, only the first issue, in the form of a single question of fact. The jury, having served three days past the end of its term and one hour past the normal time for adjournment, was instructed that a finding …
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
West Virginia Law Review
No abstract provided.
Contributory Negligence--Instructions, L. L. P.
Contributory Negligence--Instructions, L. L. P.
West Virginia Law Review
No abstract provided.
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
Michigan Law Review
The task which the American Law Institute has undertaken is to make a statement of the common law, in its various branches. The end in view is not codification; indeed the idea is directly opposed to codification. It is hoped to have, when the work is completed, an accurate statement of existing common law, carefully and systematically made, from which local variations and peculiarities have been ironed out. It is hoped, in other words, to restore both accuracy and continuity to the pattern of the common law fabric as it is woven in our judicial mills.