Law Commons^™

Torts—Unavoidable Accident Instruction, L. William Houger

Washington Law Review

Cooper v. Pay-N-Save Drugs, Inc., and Schultz v. Cheney School Dist. concerned the use of the unavoidable accident instruction by trial courts. The court held that the giving of the instruction was error in the Cooper case but not error in the Schultz case.

Torts -- 1962 Tennessee Survey, Dix W. Noel

Vanderbilt Law Review

Most of the tort cases during the survey period do not involve any significant changes in the law. Mindful of the necessity of stability and predictability, and of a tradition of even-handed continuity, our courts have been naturally hesitant to upset established rules. However, in a few areas (injuries to unborn children, application of the immunity doctrine to a minor whose disability is removed, scope of liability for negligent misrepresentation) the courts have been faced with new problems and changed conditions. In these areas the decisions frankly accept responsibility for some development of legal doctrine to keep it responsive to …

Damages--Detinue--Liability Under Redelivery Bond For Depreciation Of Chattel, George Charles Hughes Iii

West Virginia Law Review

No abstract provided.

Insurance Company Liability For Exemplary Damages, Walter W. Miller Jr.

Buffalo Law Review

Northwestern Nat. Cas. Co. v. McNulty, 307 F.2d 432 (5th Cir. 1962).

Implied Warranty And Trichinosis, Lee Ames Luce

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administration of Justice-Federal Rules of Civil Procedure--District Court Has No Power To Penalize Counsel for Delay Which Violates Standing Orders of Court

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Carriers--Routes-Action for Reparation Available Under Motor Carrier Act for Unreasonable Routing Defendant motor carrier transported shipments for plaintiff shipper

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Constitutional Law--Full Faith and Credit--Collateral Attack on Errors of Court of Prior Forum

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Restraint of Trade--Labor Law-Where Defendants Stipulated They Were Independent Contractors and Joined Union To Fix Prices, Having No Other Legitimate Union Interest, Membership May Be Terminated Under Sherman Act

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Domestic Relations--Annulment--Female Impotence Is Made Curable by the Surgical Creation of a Functional …

Abstracts Of Recent Cases, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Recovery Of Damages For Injuries Sustained By Children En Ventre Sa Mere, Daniel A. Ruley Jr.

West Virginia Law Review

The principal legal question dealt with here is whether there is a cause of action for the wrongful death of a child which while en ventre sa mere is injured and subsequently is born dead as the result of negligence of a third party. This question is closely related to the questions of: (1) whether there is a cause of action for the wrongful death of a child which while en ventre sa mere is injured as the result of negligence of a third party, subsequently is born alive and then dies as a result of such injuries; and (2) …

Sales-Implied Warranty-Merchantable Quality Of Tobacco Products, John E. Mogk

Michigan Law Review

Decedent's widow and the administrator of his estate brought a consolidated suit against the American Tobacco Company on six theories of liability for the death of decedent, allegedly caused by lung cancer purportedly contracted from the smoking of defendant's cigarettes. At the close of plaintiff's evidence, the district court directed a verdict for defendant on all counts except those of implied warranty and negligence. The jury determined that, although defendant's cigarettes were the cause of decedent's lung cancer and resultant death, defendant had no means of knowing that the cigarettes would cause cancer. On appeal of the implied warranty charge …

The Foolish Insured And Double Indemnity

Washington and Lee Law Review

No abstract provided.

Admiralty--Liability--Transitory Unseaworthiness, Richard Delamielleure

Michigan Law Review

While loading grain aboard a ship, the petitioners, longshoremen, were injured when they inhaled noxious fumes from a shot of grain released into the vessel's hold, the grain having been treated with a chemical insecticide by unknown parties at an inland point. Petitioners brought suit against the city, which owned the grain elevators, and the shipowner, alleging, among other things, that the vessel was unseaworthy. The district court found the ship to be seaworthy, and the circuit court of appeals affirmed the judgment for the defendant. On certiorari the Supreme Court vacated the judgment and remanded the case to the …

Hurricanes And Municipal Liability

Washington and Lee Law Review

No abstract provided.

Assumption Of Risk In The Use Of Icy Sidewalks

Washington and Lee Law Review

No abstract provided.

Liability Of Unincorporated Association For Tortious Injury To A Member, Judson A. Crane

Vanderbilt Law Review

Whether a partnership should be treated as a legal entity has been discussed in connection with the drafting of the Uniform Partnership Act' and its interpretation. It seems that the act is in some respects consistent with the entity theory, particularly in the creation of "tenure in partnership" of the joint property. As to liability of the partnership for tortious injury of a member by the partners or partnership employees, it seems clearly to have adopted the non-entity or aggregate approach. Section 13 provides that the partnership is liable for loss or injury by wrongful act or omission caused --to …

Advocating The Rights Of The Injured, Benjamin Marcus

Michigan Law Review

When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.

Damages--Liability Insurance And Punitive Damages, Harold Dale Brewster Jr.

West Virginia Law Review

No abstract provided.

Conflict Of Laws--Wrongful Death Measures Of Damages--Substantive Or Procedural?, Earl Moss Curry Jr.

West Virginia Law Review

No abstract provided.

Damages--Exemplary Damages--Requirements Of Exemplary Damages, Eugene Triplett Hague Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Robert William Burk Jr.

West Virginia Law Review

No abstract provided.

Maximum Limitation On Death Actions In Virginia, Sheppard W. Mckenney

William & Mary Law Review

No abstract provided.

Torts--Contributory Negligence--Proximate Cause--"But For" Rule, William G. Kohlhepp

Kentucky Law Journal

No abstract provided.

Tort Of Invasion Of Privacy Recognized In Maryland - Carr V. Watkins, Arthur K. Crocker

Maryland Law Review

No abstract provided.

Torts - Illegitimacy - Illegitimate V. Father

Duquesne Law Review

To cause one to be born into the world as an illegitimate constitutes a tortious act-no remedy for injuries resulting from this act will be granted.

Zepeda v. Zepeda, 41 Ill. App. 2d 240, 190 N.E. 2d 849 (1963).

Tort Liability For Misstatements Or Omissions In Sales Of Securities, Lawrence J. Hayes

Cleveland State Law Review

This article deals with certain civil liabilities created by the Securities Act of 1933 and the Securities Exchange Act of 1934 in connection with the sale of securities. It is centered on liability occasioned by misstatements or omissions in sales of securities.

Unfair Competition In Use Of Corporate Names, John P. Diamond

Cleveland State Law Review

It is well settled that the law will give equitable protection to the prior appropriator of a corporate name against a subsequent unauthorized use by a junior corporation. In most states statutory recognition is given to the property right which a corporation acquires in its own name, usually in the form of a prohibition against another corporation choosing a name the same as or deceptively similar to that of the prior incorporator. Although it has been suggested by one author that the courts should give broader effect to the statutes, nevertheless the great majority of the cases are decided under …

Book Review, David S. Lake

Cleveland State Law Review

Reviewing Encyclopedia of Negligence, Central Book Company, 1962

Liability Of Parent Corporation For Tort Of Subsidiary, Richard H. Burgess

Cleveland State Law Review

Much has been written about liability of parent corporations for acts of their subsidiaries, but much of the material principally concludes that there is no clear law on the subject. The present article is an attempt to illustrate several of the more recent cases defining various lower common denominators useful in analysing corporate entity problems related to parent and subsidiary corporations.

Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach

Cleveland State Law Review

It is amazing how little attention is paid by the trial lawyer to the enormous impact of traumatic injuries upon the human body. Generally, the trial lawyer is content with a woefully inadequate knowledge about the body, and the meaning of but a few medical terms. It is the purpose of this article to arouse the interest of those previously immune to the suggestions of the importance of a fuller knowledge of this subject and to point the way toward those wonderful repositories of information that should beknown by all. [Appended to these remarks is a bibliography of recommended books, …

Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake

Cleveland State Law Review

The purpose of this article is: (1) To define traumatic neurosis on a medico-legal basis. (2) To determine when damages may be recovered for traumatic neurosis through a review of recent cases.

Contributory Negligence Of Automobile Passengers, Martin C. Spector

Cleveland State Law Review

What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …