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Negligence--Distinction Between Proximate Cause And Condition, C. S. Mcg. Dec 1955

Negligence--Distinction Between Proximate Cause And Condition, C. S. Mcg.

West Virginia Law Review

No abstract provided.


Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke Mar 1955

Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke

Michigan Law Review

Appellant, a minor, was injured by the explosion of an "aerial bomb" which he found on a county fair ground. Two of the defendants admitted having brought aerial bombs to the fair but each entered evidence which if believed would show that he had not left the article which injured the appellant. These two defendants were completely independent of each other and it was admitted that both could not be responsible for the injury to the child. The lower court instructed the jury that if they could not determine which of the two defendants was actionably negligent, they were compelled …


Negligence - Proximate Cause - Liability Of Saloon Keeper For Liquor Sale Against Wife's Notice, Stephen C. Bransdorfer Feb 1955

Negligence - Proximate Cause - Liability Of Saloon Keeper For Liquor Sale Against Wife's Notice, Stephen C. Bransdorfer

Michigan Law Review

A wrongful death action was brought by the widow and children of a deceased patron of defendant's saloon, the patron having been fatally injured in a fall while engaged in fisticuffs after consuming liquor sold by defendant. Plaintiffs alleged that defendant knew that deceased became belligerent when intoxicated and that sales were made despite widow's prior request that liquor not be furnished to deceased husband in sufficient quantity to cause intoxication. The trial court sustained a demurrer without leave to amend and gave judgment for defendant. On appeal, held, reversed; the trial court abused its discretion. Cole v. Rush …