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Full-Text Articles in Law

Teachers' Tort Liability, Thomas A. Dugan Jan 1962

Teachers' Tort Liability, Thomas A. Dugan

Cleveland State Law Review

The recent notoriety in the Cleveland area attendant upon several reports of alleged batteries committed by teachers has served to focus the attention of both the educator and the citizen on this aspect of liability. This attention may well result in some necessary judicial and legislative clarification in this area, but it may tend to obscure other equally important facets of the teacher's tort liability. It is with this thought in mind that this article is written. The article itself is intended as much for teachers as it is for attorneys. Where possible, it attempts to transcend the attorney's usual …


Torts--Suit By Administrator Of Deceased Infant's Estate Against Parent For Wrongful Death, William L. Montague Jan 1962

Torts--Suit By Administrator Of Deceased Infant's Estate Against Parent For Wrongful Death, William L. Montague

Kentucky Law Journal

No abstract provided.


Basis Of Liability For Blasting In Virginia, William T. Muse Jan 1962

Basis Of Liability For Blasting In Virginia, William T. Muse

University of Richmond Law Review

In this period of prosperity more private capital is avail- able for construction of all kinds. Also, vast sums of public funds are being appropriated for all types of construction, particularly highway construction. For example, the National System of Interstate and Defense Highways alone will involve the construction of 41,000 miles of highway, and is designed to connect and serve all major urban centers in the United ,States. It is probably the largest peacetime engineering project ever undertaken by man. An estimated three-fourths of a million parcels of land, approximately 1,500,000 acres, will be condemned for highway right-of-way over the …


Legal Safety Standards For Detergents, Marvin D. Silver Jan 1962

Legal Safety Standards For Detergents, Marvin D. Silver

Cleveland State Law Review

In the recent case of Brooks v. Temple Sinai, the Court of Appeals of New York affirmed an award of the Workmen's Compensation Board in favor of the claimant, holding that "the evidence sustained a finding of causal relationship between the splashing of detergent in the claimant's eye and the subsequent loss of sight in such eye, notwithstanding a prior history of eye trouble." Two judges protested vigorously on the grounds of overwhelming testimony against causal relationship and questioned the granting of the award on the bare legal sufficiency of other medical opinion. The decision of the Brooks court seems …


Intoxication And Third Parties, John Vamis Jan 1962

Intoxication And Third Parties, John Vamis

Cleveland State Law Review

Persons under the influence of liquor or drugs are known to be irrational, uncoordinated, erratic and prone to conduct which give rise to injury. It is for this reason that recovery is allowed, under certain conditions, from the person furnishing the intoxicating liquor or drug, by the person injured by the user. One such liable person is the seller of intoxicating liquor who, by the Dram Shop Law, is made liable to persons who suffer injury to person or property or to means of support. The first such law in Ohio was passed on May 1, 1854, and was entitled, …


Consent To Surgery, Gerald M. Smith, R. Joseph Olinger Jan 1962

Consent To Surgery, Gerald M. Smith, R. Joseph Olinger

Cleveland State Law Review

The legal aspects of a patient's consent to operation, or the lack of such consent, are many and varied. The general rule is that consent of the patient, or of someone authorized to act for him, is necessary in order for a physician to legally operate. This rule is not altered by the fact that an unauthorized operation is slight and ordinarily is not accompanied by serious consequences. Where no consent is present, a surgical operation upon the body is a technical battery, and in the absence of exceptional circumstances, appropriate damages may be recovered from the physician. The question …


Torts - Wrongful Death - Suicide As Result Of Uncontrollable Impulse Caused By Negligently Inflicted Injuries, William F. Coyle Jan 1962

Torts - Wrongful Death - Suicide As Result Of Uncontrollable Impulse Caused By Negligently Inflicted Injuries, William F. Coyle

Villanova Law Review

No abstract provided.


Labor Law - Tort Liability - Member May Sue Union For Its Negligent Conduct, Charles Dale Mcclain Jan 1962

Labor Law - Tort Liability - Member May Sue Union For Its Negligent Conduct, Charles Dale Mcclain

Villanova Law Review

No abstract provided.


Municipal Corporations-Liability In Tort-Prospective Judicial Abrogation Of The Sovereign Immunity Concept, Donald E. Vacin Jan 1962

Municipal Corporations-Liability In Tort-Prospective Judicial Abrogation Of The Sovereign Immunity Concept, Donald E. Vacin

Michigan Law Review

Plaintiff's decedent was killed by a fall down the elevator shaft of a building owned and maintained by the City of Detroit. Plaintiff alleged that defendant city negligently failed to protect and enclose the shaft, in violation of its own ordinances, and that such failure was the proximate cause of her husband's death. The city moved to dismiss, claiming that it was engaged in a governmental function and therefore was immune from tort liability. On appeal from an order dismissing the complaint, held, affirmed by an evenly divided court. However, a majority of the court prospectively overruled the judicial …


Torts--Charitable Immunity, Kentucky Law Journal Jan 1962

Torts--Charitable Immunity, Kentucky Law Journal

Kentucky Law Journal

Author unknown. Pages missing.