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Full-Text Articles in Law
Torts, John Piper, Eugene H. Sage
Torts, John Piper, Eugene H. Sage
Washington Law Review
Covers cases on contributory negligence as not a defense to wanton misconduct, on res ipsa loquitur in malpractice suits, on the standard of care having retroactive effects on building codes (Piper), on the standard of care required of persons repairing a disabled car on a highway, on conditional privilege in a libel action, and on tort actions for loss of consortium caused by the negligence of a spouse's employer (Sage).
Municipal Corporations, Ray Browder
Municipal Corporations, Ray Browder
Washington Law Review
Covers cases on tort liability.
Presumption Of Due Care By Decedent: An Anomaly Destroyed, George K. Faler
Presumption Of Due Care By Decedent: An Anomaly Destroyed, George K. Faler
Washington Law Review
In the recent case of Hutton v. Martin, the plaintiff sued the defendant for wrongful death arising from an automobile collision. The factual issue was whether plaintiff's decedent was contributorily negligent by driving on the wrong side of the road at the time of the accident. There were no eye-witnesses to the accident except the defendant Martin. The trial judge gave the jury the following instruction: "You are instructed that when a person is injured and dies as a result of a collision, a presumption arises that the person killed was at the time exercising due care and that he …