Law Commons^™

Abstracts Of Recent Cases, Edward Perry Johnson

West Virginia Law Review

No abstract provided.

Torts--Rebuttable Presumption Of Child's Incapacity For Contibutory Negligence, Jerry David Hogg

West Virginia Law Review

No abstract provided.

Trespassing Children: A Study In Expanding Liability, R. Neal Batson

Vanderbilt Law Review

When confronted with a case involving a child plaintiff, attorneys and the courts should recognize that the doctrine of attractive nuisance is only one of several theories on which the plaintiff may proceed against a landowner. The status of a plaintiff should first be determined. If the child is a trespasser, then either the constant trespasser theory, the known trespasser theory, or the doctrine of attractive nuisance may be applicable. It is possible, however, that the court may reject any one or all of these theories and decide the particular case under the general negligence principles of foreseeability of harm …

Torts--Extention Of Definition Of Invitee To One Entering Private Property Without Premission, Robert Bruce King

West Virginia Law Review

No abstract provided.

Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review

Michigan Law Review

With the adoption of the Michigan Act, Michigan has become the fifth state to adopt a comprehensive program utilizing both the insurance and the fund approaches. Moreover, the Michigan Act, apparently inspired by its Ontario prototype, contains some elements which were previously unknown in United States legislation. Consequently, it may prove enlightening to examine the scope and purpose of the Michigan Act, and to compare it with similar legislation in other states.

Expanding Jurisdiction Over Foreign Torts: The 1966 Amendment Of New York's Long-Arm Statute, Adolf Homburger, Joseph Laufer

Buffalo Law Review

No abstract provided.

The Paternity Suit In Europe, Robert Kiebala, George Naschitz

Buffalo Law Review

No abstract provided.

Comparative Aspects Of Product Liability, Charles Szladits

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Conspiracy To Eliminate Discounters From Automobile Market a Per Se Violation of Sherman Act

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Antitrust Law--Merger of Two Major Competitors in Industry with History of Concentration Violates Section 7 of Clayton Act

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Criminal Law--Future Confessions Will Be Inadmissible Unless Specified Pre-trial Procedures Are Followed

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Juvenile Courts--Juvenile Delinquent Entitled to Hearing On Question of Waiver of Jurisdiction

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Labor Law--Public Carrier Can Make Unnegotiated Unilateral Changes in Collective Agreements When "Reasonably Necessary" To Maintain Service

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Labor Law--In Future NLRB Elections, Employer Must Furnish List of Employees' Names and Addresses

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Taxation--Thin Incorporation Not Tantamount to Disqualification …

Book Reviews, John W. Wade Dean, Gray Thoran Professor, Ronald M. Maudsley Professor Of Law

Vanderbilt Law Review

THE LAW OF RESTITUTION

By Robert Goff and Gareth Jones

London:Sweet & Maxwell, 1966. Pp. xxix, 540.

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CASES AND MATERIALS ON RESTITUTION

Second Edition.

By John W.Wade Brooklyn

The Foundation Press, Inc., 1966. P. xl, 866. $12.00.

Visitor Responding To Public Invitation Classified As Invitee, Anon

Washington Law Review

Defendant savings and loan association invited local community groups to use, without charge, a room and adjoining kitchen facilities on its premises for meetings. Plaintiff was injured on defendant's premises while walking to a meeting of her organization scheduled for this room. Plaintiff sued for damages; defendant's motion to dismiss was granted. On appeal, the Washington Supreme Court reversed the order of dismissal and remanded. Held: When the public is invited to use premises under circumstances implying an assurance of reasonable care, any visitor responding to that invitation is an "invitee" owed an affirmative duty of reasonable care by the …

Definition Of Gross Negligence Under The Guest Statute, Anon

Washington Law Review

On a bright summer morning, defendant slowed her automobile, intending to make a left turn. The road stretched dry and straight before her for more than a mile. She turned on her left signal blinker, observed a truck in the distance coming toward her, and looked in her rear view mirror. Seeing a car pulling out to pass her, she slowed further and waited for it to go by. Then she turned abruptly to the left and drove straight into the path of the oncoming truck. Plaintiff passenger, seriously injured in the collision, sued defendant, alleging gross negligence. The trial …

Discretionary Acts Protected By Governmental Immunity, Anon

Washington Law Review

Plaintiffs sought damages from the State of Washington for property destroyed by a juvenile escapee from Green Hill School, who set fire to a church and adjoining house. Plaintiffs alleged, inter alia, that the state was negligent in maintaining an "open program" in a "close security" institution, and in assigning the juvenile, regarded as a security risk, to the "open program."' Plaintiffs relied on a recent statute purportedly abolishing state immunity from liability for torts committed by officials, whether acting in a "governmental" or "proprietary" capacity. The trial court entered judgment on a verdict for plaintiffs. On appeal, the Washington …

Workmen's Compensation For Radiation Injuries In Tennessee, E. Blythe Stason

Vanderbilt Law Review

We lay to one side, so far as this article is concerned, the impact of the atom on general tort liability in Tennessee. Such important aspects of the total subject as strict liability, nuisance actions, third-party liability, and joint and several liability we reserve for another occasion. Hopefully radiation will be so well regulated that the injuries to outsiders will be few and far between. We also lay to one side possible injuries in Tennessee resulting from the extensive operations of the federal government in the nuclear field. Such injuries receive special handling either by federal agencies (e.g.,the Bureau of …

Assumption Of Risk—Basis For Denial Of Recovery?, Anon

Washington Law Review

A recent decision of the Washington Supreme Court casts considerable doubt on the exact status of the defense of assumption of risk, and illustrates a serious problem concerning the judicial process in Washington. The action was brought against a school district for injuries received by a spectator at a high school football game. The school district supervised the game, no admission was charged, and the plaintiff, as a relative of one of the football players, was encouraged to attend. The plaintiff, who had previously seen only one football game, was standing about one foot from the side lines when a …

Creditors' Rights--Tort Liability For Fraudulent Conveyance, John Welton Fisher Ii

West Virginia Law Review

No abstract provided.

Conflict Of Laws--Interspousal Tort Immunity, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.

Lex Loci Delicti And Babcock V. Jackson, R. Harvey Chappell Jr.

William & Mary Law Review

No abstract provided.

Torts - Federal Tort Claims Act - Government Liability For Torts Of Servicement. Williams V. United States, 352 F.2d 477 (1965), Kent Millikan

William & Mary Law Review

No abstract provided.

Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.

Michigan Law Review

While judicial acceptance of this concept of strict tort liability has been proceeding apace, far less dramatic but equally significant developments have been occurring with respect to both negligence and fraud liability. The possibility of recovering for a seller's misrepresentations concerning his product has been enhanced by a plaintiff-oriented judicial redefinition of two elements of a cause of action for fraud: defendant's knowledge of the falsity of his representation and plaintiff's reliance upon the deception. At the same time, negligence liability has often come to resemble liability without fault as courts continue to deemphasize, as a prerequisite to the application …

Products Liability--Some Observations About Allocation Of Risks, Page Keeton

Michigan Law Review

Virtually all of the activities of mankind involve the use of some product. Consequently, nearly all losses in the nature of physical damage to persons or things, and a great deal of the economic losses flowing from inferior or unfit products, are factually caused by characteristics or conditions of products, or at least occur during the use of products. Therefore, when fault, in the sense in which fault has been used in the Anglo-American law of torts (a usage which frequently results in the imposition of liability without personal fault), is abandoned as a basis for shifting or allocating losses, …

Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.

Michigan Law Review

Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …

The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster

Michigan Law Review

As might have been expected, the courts have not confined their efforts in updating the law of products liability to fostering innovations in that segment dealing with warranties. The struggle to impose strict tort liability upon a manufacturer for harm caused by his defective products has made significant advances and is continuing: However, the citadel has yet to be taken. Indeed, even the California Supreme Court, which may be considered the leading proponent of this strict tort theory, has limited its availability so that only those seeking redress for harm to person or property may invoke the doctrine; thus, a …

Products Liability—Manufacturer Not Liable For Economic Losses Of Consumer Under Theory Of Strict Liability, Steven G. Biltekoff

Buffalo Law Review

Seely v. White Motor Co., 403 P.2d 145, 45 Cal. Rptr. 17 (1965).

Duplication Of Damages: Invasion Of Privacy And Defamation, Anon

Washington Law Review

Defendant mayor of Medical Lake, Washington, exhibited to at least one person what appeared to be police photographs of the plaintiff, together with what appeared to be an "F.B.I. record" on him. Neither the photographs nor the "F.B.I. record" were what they appeared to be, but defendant indicated they represented criminal convictions of plaintiff. Plaintiff brought suit for defamation and invasion of privacy, and a jury returned favorable verdicts on both counts. However, the trial court granted defendant's motion for judgment notwithstanding the verdict on the invasion of privacy count. Plaintiff appealed, contending right of privacy should be recognized in …

Discretionary Functions—The Planning-Operational Dichotomy Revisited, Anon

Washington Law Review

Federal officials, supervising a high-priority contract to dredge and improve a navigable river, approved a decision to deposit dredged spoil on a vacant lot situated near plaintiff's building. An exhaustive search by a naval officer revealed no other feasible land site immediately available. Wind carried gases emanating from the spoil to plaintiff's buildings, allegedly reacting upon the exterior surfaces to cause severe damage. Plaintiff brought an action under the Federal Tort Claims Act against the United States and its contractor, alleging negligence in the decision to place the spoil on the land, rather than dump it at sea, and in …

The American Motorist In Canada, Arthur A. Russ Jr.

Buffalo Law Review

No abstract provided.

The Polygraph In Private Industry: Regulation Or Elimination?, Ronald J. Thomas

Buffalo Law Review

No abstract provided.

Torts--New Action For "Wrongful Life", David Ray Rexroad

West Virginia Law Review

No abstract provided.

Torts--Unavoidable Accident, William Jack Stevens

West Virginia Law Review

No abstract provided.