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Articles 91 - 120 of 130
Full-Text Articles in Law
Negligence - Duty To Discover Continuous Trespasser Or Bare Licensee On Railroad's Right Of Way, Michigan Law Review
Negligence - Duty To Discover Continuous Trespasser Or Bare Licensee On Railroad's Right Of Way, Michigan Law Review
Michigan Law Review
Plaintiff alleged that while he was carefully crossing defendant's right of way, on a clearly defined and well worn footpath, he was struck by defendant's engine, which was backing toward the footpath in a "stealthy manner"; that defendant's servants failed to give warning as they were accustomed to do, or keep a lookout; that the footpath had been habitually used in crossing defendant's right of way for many years, that such crossing had been constant, open, and notorious as defendant knew; and that defendant had never objected to this use. Defendant demurred. Held, demurrer sustained on the ground that …
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Michigan Law Review
A railroad's employee negligently allowed plaintiff's intestate to board the wrong train and then put her off at an intermediate station to await the proper train. Coming from the waiting room later, preparatory to boarding the right train, intestate fell on the waiting room steps and suffered fatal injuries. Plaintiff sued the railroad. Held, that the employee's negligence was the proximate cause of intestate's injuries and that the employer railroad is liable. Louisville & N. R.R. v. Maddox, 236 Ala. 594, 183 So. 849 (1938).
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; …
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Michigan Law Review
The infant plaintiff, during the dismissal of her class, was pushed or thrown from an exterior stairway by a fellow pupil. As a consequence she sustained personal injuries. She sued the city, the board of education, the principal of the school, and the teacher. Held, that whether the principal was negligent in failing to promulgate more adequate regulations for the safe discharge of the pupils was a question of fact for the jury. Thompson v. Board of Education of City of New York, 255 App. Div. 786, 6 N. Y. S. (2d) 921 (1938).
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Michigan Law Review
Plaintiff purchased cigars from a retail merchant. The cigars were sold under a trade name and when purchased from a wholesaler by the retailer were wrapped in cellophane, and were sold to the plaintiff while still in the original wrapper. One of the cigars contained a firecracker, which exploded when plaintiff lighted the cigar, causing substantial injury. Held, that the plaintiff can recover from the retailer. Dow Drug Co. v. Nieman, 57 Ohio App. 190, 13 N. E. (2d) 130 (1936).
Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio
Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio
Michigan Law Review
A series of Minnesota statutes, passed from time to time regulating the conduct of railroads, were united in the laws of 1925. Among other things, this act empowers the Railroad and Warehouse Commission to prescribe and order safety devices at crossings. The plaintiff was injured when the car in which he was riding hit defendant's train, which was already over the crossing. The evidence showed that the street sloped steeply toward the track, but the track was somewhat elevated from the street level at the crossing, so that the lights from the automobile could not shine on the train. Nor …
Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw
Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw
Michigan Law Review
Plaintiff, an eighteen-year-old girl, was riding in the front seat of a Ford coupe with three young men on a clear night. The car, driven by defendant, was going sixty to sixty-five miles per hour and in rounding a curve struck another car. Plaintiff was thrown out and injured. The driver of the second car was joined as codefendant. Held, when more than three persons occupy the front seat of a car, overcrowding it and hampering the driver, those overcrowding it are guilty of contributory negligence as a matter of law; and where the accident was caused by lack …
Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review
Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review
Michigan Law Review
A landlord made an oral, month-to-month lease of premises to one Harris, who occupied the premises as a beauty shop in which he employed his wife. Both at the time of the letting and subsequently, an agent of the landlord agreed to repair a defective cellar stairway, but failed to do so. The lessee's wife was injured by the collapse of the stairway; thereupon, the tenant and his wife sued the landlord. A verdict was directed against the tenant and judgment non obstante veredicto was entered against the wife. The wife appealed. Held, even assuming the wife not contributorily …
Torts-Dangerous Instrumentalities -Attractive Nuisance
Torts-Dangerous Instrumentalities -Attractive Nuisance
Michigan Law Review
Defendant society procured an exhibition of fireworks on premises which were under its control and habitually used by children as a playground. The day after the exhibition the plaintiff, playing there with other children, picked up a bomb left by the defendant, and was injured when the bomb exploded. Held, defendant had a duty to those playing on the premises to use reasonable care to have the ground clear of dangerous articles after the exhibition. Spenzierato v. Society, (N. J. 1934) 169 Atl. 831.
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Automobiles - Guest - Contributory Negligence
Automobiles - Guest - Contributory Negligence
Michigan Law Review
The plaintiff was a guest of the defendant in the latter's automobile during a night trip. With the knowledge and consent of the defendant the plaintiff went to sleep. While he was sleeping the defendant negligently wrecked the car and plaintiff was injured. Held, that the question as to whether or not such conduct constituted contributory negligence was one of fact for the jury. Nelson v. Nygren, (N. Y. 1932) 181 N. E. 52.
Torts - Liability Of Negligent Driver To One Who Goes To His Rescue
Torts - Liability Of Negligent Driver To One Who Goes To His Rescue
Michigan Law Review
Defendant's driver tried to pass plaintiff's car on an icy road and, solely because of his excessive speed under the prevailing conditions, the defendant's truck skidded off the road and into an electric light pole. The pole and attached wires fell to the ground and the defendant's driver was pinned beneath the overturned truck. Plaintiff rushed to the assistance of the driver, but, in so doing, became entangled in the highly charged wires and was severely burned. In a suit to recover for the injuries so sustained, it was held that plaintiff could recover from defendant. Butler v. Jersey Coast …
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Michigan Law Review
Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …
Negligence - Amusements - Assumption Of Risk By Football Spectators
Negligence - Amusements - Assumption Of Risk By Football Spectators
Michigan Law Review
The plaintiff, a woman who had paid to witness a football game played on defendant's field, stood near the boundaries of the playing field and was hurt when hit by a player tackled at the side-line. The evidence disclosed that the field was not roped off for the minor games, that there was no policing except that done by a few school officials, and that the spectators were not required to occupy seats in the stands. Reversing the lower court, the appellate tribunal held that, under these circumstances, there was no negligence, the opinion of the majority indicating that, if …
Municipal Corporations - Governmental Function - Liability For Nuisance
Municipal Corporations - Governmental Function - Liability For Nuisance
Michigan Law Review
Plaintiff was injured at a municipal bathing beach as the result of a dive from a spring board into shallow water. Held, that while the city was not liable for the negligent performance of a governmental function, the jury would be justified in finding that the diving board, as erected, constituted a nuisance, and that the defendant city would be liable, on that ground, for personal injuries sustained by the plaintiff. Hoffman v. City of Bristol, 113 Conn. 386, 155 Atl. 499 (1931).
Negligence - Res Ipsa Loquitur - Circumstantial Evidence
Negligence - Res Ipsa Loquitur - Circumstantial Evidence
Michigan Law Review
Defendant company owned, and was in possession of, a wall, from the top of which a loose piece of concrete fell and injured the plaintiff who was at work on land adjoining. In affirming a judgment for plaintiff, the court held that, while the doctrine of res ipsa loquitur did not apply, there was "evidence from which the jury could legitimately infer that the defendant was negligent in permitting loose pieces of concrete to remain on the wall." Pope v. Rending Co., (Pa. 1931) 156 Atl. 106.
Torts-Automobiles-Statute Limiting Liability To Gratuitous Passengers
Torts-Automobiles-Statute Limiting Liability To Gratuitous Passengers
Michigan Law Review
In her declaration, plaintiff alleged that while she was riding as a gratuitous passenger in defendant's automobile, she was injured as a consequence of defendant's gross negligence in permitting a person known by him to be incompetent to drive the automobile; that by reason of the incompetence of the driver, the car went into a ditch, causing the injury complained of. The defendant moved to dismiss the declaration on the ground that it did not charge actionable gross negligence and that the defendant was not liable for mere negligence under a Michigan statute. Held, that the declaration should be …
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Michigan Law Review
Plaintiff parked his car in defendant's parking lot, which was open to the public although no attendant appears to have been on duty. There was an unguarded excavation about forty feet to the rear of the space chosen by the plaintiff. In preparing to leave the lot, plaintiff cranked his car which, apparently, had been left in reverse. The car backed into the excavation, despite plaintiff's efforts to get it under control, and plaintiff sued the lot owner for injuries resulting. Held, that the defendant parking lot owner was not liable. Fielding v. S. Z. Poli Realty Co. (Mass. …
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Torts-Negligence-Duty To A Seen Trespasser-Child Trespassers
Torts-Negligence-Duty To A Seen Trespasser-Child Trespassers
Michigan Law Review
The defendant was hired by the owner of some waste land to cut down a tree. The land was unfenced and the children of the neighborhood used. it as a playground, although they had no license to do so. When the cutting of the tree began, a crowd of children gathered, and though driven away they returned. With but one root remaining the defendant cut it without further warning, and the infant plaintiff was injured by the falling tree. The trial court found that the defendant was guilty of negligence; that this negligence was the proximate cause of plaintiff's injury; …
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Michigan Law Review
A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-
Workmen's Compensation-Injuries Arising Out Of Employment
Workmen's Compensation-Injuries Arising Out Of Employment
Indiana Law Journal
No abstract provided.
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Michigan Law Review
Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.
Tort Obligations And The Conflict Of Laws, Herbert F. Goodrich
Tort Obligations And The Conflict Of Laws, Herbert F. Goodrich
Articles
"This article is an extract from a textbook on 'The Conflict of Laws,' by Professor Goodrich, now in course of preparation, and is here published by permission of the West Publishing Company."--Footnote
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Articles
MENTAL pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone. Lord Wensleydale's famous dictum in Lynch v. Knight will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …
Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich
Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich
Articles
It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at …
Liability Without Fault, John B. Waite
Liability Without Fault, John B. Waite
Articles
In Ives v. South Buffalo Ry. Co., 201 N. Y. 271, appeared, as a basis for the decision, the statement that "When our Constitutions were adopted, it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another. That is still the law." Mr. Justice McKenna has recently voiced the same idea. In his dissenting opinion in Arizona Copper Co. v. Hammer, 39 Sup. Ct. Rep. 553, he contends that the Workmen's Compensation Act of Arizona is unconstitutional, because, "It seems to me to be …
Liability Of Manufacturer To Remote Vender For Defective Automobile Wheel, Horace Lafayette Wilgus
Liability Of Manufacturer To Remote Vender For Defective Automobile Wheel, Horace Lafayette Wilgus
Articles
Plaintiff. in February, 19O9. purchased from the Utica Motor Car Company, a Cadillac six-passenger touring car, manufactured by the Cadillac Motor Car Company, of Michigan. The Utica company was a dealer in motor cars, and purchased to resell; it was the original vendee, and the plaintiff was the sub-vendee. The car was used very little until July 31, 1909, when the plaintiff, an experienced driver, while driving the car on a main public road in good condition, at a speed of 12 to 15 miles per hour, was severely and permanently injured by the right front wheel suddenly breaking down …
A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland
A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland
Articles
In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential. If this is true, it must be because there is something in civilization itself which diminishes the necessity for a resort to actual force in sustaining the judgments of courts. And it is quite clear that civilization does supply an element which is theoretically capable of entirely supplanting the exercise of force in the assertion of jurisdiction. This …
Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle
Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle
Articles
It is known as the "Death Act." It was enacted in i848, amended in 1873, and follows closely Lord Campbell's Act. In the, construction of these acts, troublesome questions have arisen, difficulties have been encountered, different theories urged, different views entertained, different conclusions reached, and different opinions rendered, respecting the number of actions that can be maintained under them, the circumstances that invoke one rather than the other, the measure of damages applicable, respectively, and certain questions of practice as to the joinder of counts and the amendment of pleadings. The statement would hardly he justified that all these questions …