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Tort Liability For Radiation Injuries, E. Blythe Stason Dec 1958

Tort Liability For Radiation Injuries, E. Blythe Stason

Vanderbilt Law Review

The discovery that atomic chain reaction will produce substantial quantities of heat together with highly radioactive by-products gives rise to anticipation of an entirely new technology and of many newlines of industrial, medical, and agricultural endeavor. In due course widespread use will be made of the potentialities of this new source of energy.At the same time the likelihood of personal and property injuries resulting from overexposure to radiation brings about a new hazard against which protection must be afforded so far as it is possible to do so. The health and safety codes that are now being formulated at national, …


Torts -- 1958 Tennessee Survey, John W. Wade Oct 1958

Torts -- 1958 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The number of torts cases was somewhat less this year than in past years, being below the forty figure rather than above it. There were no particularly significant legal developments in the field. Perhaps the cases indicate, however, a developing fashion in automobile negligence actions. At least four of the cases seem to have been brought for whiplash injuries.'


Agency--1958 Tennessee Survey, Edward R. Hayes Oct 1958

Agency--1958 Tennessee Survey, Edward R. Hayes

Vanderbilt Law Review

Establishing that Tortfeasor is a Servant of Defendant: Negligent operation of motor vehicles probably is the most prolific source of tort liability today. Within this area an important cause of litigation has been negligent operation by someone other than the owner of the vehicle. The initial common law approach to such cases was to hold the owner responsible if he himself were negligent, as by entrusting his car to a known incompetent driver, or if the negligent driver were the owner's servant acting within the course and scope of his employment.'

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In Smith v. Phillips a pick-up truck, registered …


Conflict Of Laws -- 1958 Tennessee Survey, John W. Wade Oct 1958

Conflict Of Laws -- 1958 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The requirement of residence in the Tennessee divorce statutes'has been construed to mean domicile. Two cases during the Survey period raise the issue of domicile in this connection. In Bernardi v.Bernard is the question was whether a member of the armed services had acquired a domicile in the state...

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Torts.-In Schenk v. Gwaltney the court followed the usual rule of choice of law in torts cases. An automobile accident having happened in Indiana, the Indiana automobile guest statute was held to apply, though the court intimated that if the accident had occurred in Tennessee where there was no such …