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Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer
Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer
Michigan Law Review
This Note argues that nonclinician administrators employed by institutions of higher education do not have a special relationship with their students such that they have a duty to act with reasonable care to prevent a foreseeable student suicide. Courts that have in recent years ruled to the contrary have done so by incorrectly basing their duty-of-care analysis on foreseeability of harm alone. With an eye toward a proper duty-of-care analysis, this Note analyzes multiple factors to reach its conclusion, including the ideal relationship between colleges and their students and the burden on and capability of colleges to protect their students …
Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.
Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.
Michigan Law Review
Plaintiff sustained injuries when she fell between defendant's subway car and a platform directly opposite the car door. The cause assigned was the pressure from the closely packed crowd of subway passengers during a rush hour which resulted in plaintiff's being "carried by the crowd" into a position of danger. Defendant had shifted extra guards to the overcrowded area. No evidence of disorderliness or gang action appeared. In an action for damages due to defendant's negligence in failing to control the crowd, held, for defendant. Callaghan v. New York City Transit System, 204 Misc. 236, 125 N.Y.S. (2d) …
Palsgraf Revisited, William L. Prosser
Palsgraf Revisited, William L. Prosser
Michigan Law Review
Perhaps the most celebrated of all tort cases is Palsgraf v. Long Island Railroad Company. Certainly it is one of the most controversial. Thirteen judges in all passed upon the case, and seven of them were for the plaintiff, at least in the sense that they considered that the issue was one to be left to the jury. Four of the remaining six, sitting on the Court of Appeals of New York, had the :final word, and they set aside the verdict, dismissed the complaint, and ordered judgment for the defendant. The Advisers of the Restatement of Torts debated …
Negligence -Automobiles - Illegal Parking - Does Negligence Of Second Actor Relieve Original Tort-Feasor Of Liability?, Michigan Law Review
Negligence -Automobiles - Illegal Parking - Does Negligence Of Second Actor Relieve Original Tort-Feasor Of Liability?, Michigan Law Review
Michigan Law Review
Plaintiff brings action for personal injuries sustained when the car of defendant P, negligently driven, struck the rear of the car of defendant R, which was parked on the highway in violation of the Pennsylvania Vehicle Code. The lower court gave verdict and judgment for plaintiff against both defendants. Defendant R appeals. Held, reversed, and judgment entered for defendant R. In order for defendant R to be liable it must appear that his illegal parking was a concurrent cause of the accident; and in cases which involve illegally parked vehicles the Pennsylvania courts have adopted the …
Frauds - Actions - Proper Party Plaintiff, Michigan Law Review
Frauds - Actions - Proper Party Plaintiff, Michigan Law Review
Michigan Law Review
The American Law Institute Restatement of Torts states that a person injured by a fraudulent representation can recover from the maker only if the maker desired this injured person to rely on the representation. The maker's liability is further limited to those injuries arising from transactions in which the maker desired to influence the injured person.
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Michigan Law Review
Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …
The English Rule As To Liability For Unintended Consequences, George C. Tilley
The English Rule As To Liability For Unintended Consequences, George C. Tilley
Michigan Law Review
The question how far a defendant is liable in tort for the unintended consequences of his wrongful act, generally supposed to have been settled for England by the case of In re Polemis and Furness, Withy & Co., Ltd., has recently been reopened by the House of Lords decision in the case of Liesbosch Dredger v. S. S. Edison. Defendants, owners of the Edison, negligently sank the plaintiffs' dredger Liesbosch while the latter was being used by the plaintiffs in performance of a profitable contract to construct a harbor at Patras, Greece. There was evidence that, …