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Full-Text Articles in Law
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Michigan Law Review
Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of …
Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review
Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review
Michigan Law Review
The defendant manufacturer sold a storekeeper, as a protective weapon, a tear gas gun made to resemble a fountain pen, recommending to the storekeeper that the gun lie open and exposed in his shop and representing that tear gas was a harmless irritant and would not injure permanently. The plaintiff, a customer in the store, idly picked up the gun-pen from beside the cash register, and while examining it, ignorant of its nature, accidentally discharged it into his face. Permanent injuries resulted for which plaintiff sued defendant, claiming negligence. Held, two justices dissenting, that no act of negligence was …
Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review
Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review
Michigan Law Review
Plaintiff sued for her intestate's death and conscious suffering negligently caused by defendant's intestate in an auto collision in New York. The trial judge directed a verdict for defendant on the theory that there was no evidence that defendant's intestate was still alive at the moment plaintiff's intestate was injured, and therefore no evidence of any cause of action, arising against the former in his lifetime, which could survive his death. Held, exceptions to the directed verdict overruled since the applicable New York death and survival statutes do not provide for the continuance of a cause of action which …
Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg
Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg
Michigan Law Review
Husband and wife were residents of state A, in which a personal tort action between the spouses was not recognized. The wife sued in state A for injuries sustained by reason of her husband's negligent operation of an automobile in state B. Notwithstanding the wife had a right of action under the lex loci delicti, held, that the public policy of the forum is an effective bar to an action by the wife against her husband for personal injuries. (In the record of the case it appears that the defendant in interest was an insurance company.) Kircher …
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Michigan Law Review
Plaintiff, a twelve year old boy, was injured in an automobile accident by the admitted negligence of defendant, his sixteen year old sister. Neither child had a separate estate, both were unemancipated, unmarried, and were living at home with their parents. Held, plaintiff could recover. Rozell v. Rozell, 256 App. Div. 61, 8 N .Y. S. (2d) 901 (1939), affd. (N. Y. 1939) 22 N. E. (2d) 254.
Negligence As Conduct, Marvin M. Tincher
Instructions To The Jury In Negligence Cases, M. Tincher
Instructions To The Jury In Negligence Cases, M. Tincher
Kentucky Law Journal
No abstract provided.
The Limits Of Objectivity In Negligence, E. Preston Young
The Limits Of Objectivity In Negligence, E. Preston Young
Kentucky Law Journal
No abstract provided.
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Michigan Law Review
The defendant broadcasting company leased its facilities to a commercial advertising corporation for the transmission of a series of sponsored radio programs. During the course of one of these broadcasts a comedian, employed by the advertiser, suddenly interpolated an extemporaneous remark, "That's a rotten hotel," in reference to plaintiff's hotel. A script for each program was prepared in advance, submitted to the defendant for approval, and followed exactly by the performers. The interjection in question did not appear in the script and had not been made at rehearsal. Plaintiff brought trespass for defamation, and from a judgment on a verdict …
Damages - Mental Anguish - Recovery Denied For Mental Anguish Arising Out Of Negligent Injury To Personal Property, Robert M. Warren
Damages - Mental Anguish - Recovery Denied For Mental Anguish Arising Out Of Negligent Injury To Personal Property, Robert M. Warren
Michigan Law Review
Plaintiff placed an order with defendant pharmacist to have a rare photograph of plaintiff's deceased mother reproduced, the work to be done by defendant corporation. When the original picture was returned to plaintiff, it was stained, cracked, and otherwise disfigured, by reason of which plaintiff claimed he was caused physical and mental anguish. Held, plaintiff's recovery is limited to nominal damages. Furlan v. Rayon Photo Works, Inc.., 171 Misc. 839, 12 N. Y. S. (2d) 921 (1939).