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Torts

University of Michigan Law School

Bus

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Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed. Feb 1950

Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.

Michigan Law Review

Plaintiff's mother, while pregnant with plaintiff, a viable child, was fatally injured in a fall from the steps of defendant's bus. Plaintiff was seriously injured by the fall and was born prematurely. On demurrer to plaintiff's petition, held, plaintiff had a remedy under the Constitution of Ohio for pre-natal injuries negligently inflicted. Williams v. The Marion Rapid Transit, Inc., 152 Ohio St. 114, 87 N.E. (2d) 334 (1949).


Negligence - Liability For Injuries Following Emotional Disturbance - Fright Due To Plaintiff's Own Peril, Michigan Law Review Dec 1939

Negligence - Liability For Injuries Following Emotional Disturbance - Fright Due To Plaintiff's Own Peril, Michigan Law Review

Michigan Law Review

Plaintiff, a woman in good health, was caught in the defectively operated doors of the defendant's bus, as she was about to follow other passengers off the bus. She was released within two minutes. The doors of the bus being encased in rubber, plaintiff received no bruises, abrasions or other physical injuries; but she did suffer thereby a nervous disturbance manifesting itself in paralysis in several parts of her body. Held, plaintiff cannot recover for injuries resulting from emotional disturbance caused by the defendant's negligence because there was no physical injury concurrent with the emotional disturbance. Davis v. Cleveland …


Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin Mar 1939

Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin

Michigan Law Review

Plaintiff's intestate was driving along the main thoroughfare when B drove into the main highway from a side street without stopping, thereby colliding with the automobile of the intestate. Two days prior to this accident an automobile owned by S negligently collided with one of the defendant's buses with the consequence that defendant's bus, without negligence on defendant's part, knocked down an arterial stop sign. This stop sign had been erected at the intersection of the main highway and the side street out of which B drove his car. A Washington statute made anyone who should deface, mutilate, tear down, …