Law Commons^™

Res Ipsa Loquitur In Joint Tortfeasor Cases, William B. Nagy

Cleveland State Law Review

Generally it has been held that the doctrine of res ipsa loquitur is not applicable against multiple defendants where it is not shown that their liability was joint or that they were in joint or exclusive control of the injury-producing factor, or where the specific wrongdoer, among several possible, was not identified. A fundamental principle of res ipsa loquitur is that it is available to a plaintiff only when it operates substantially to identify the probable wrongdoer in a given situation. Conversely, the doctrine has been held applicable against multiple defendants where they are properly charged as joint tortfeasors on …

Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner

Cleveland State Law Review

Today, automobile accidents constitute a major source of actions at law for negligence. Some of these mishaps may have sudden illness of the motor vehicle operator as the primary or contributing cause. The purpose of this note is to examine the question of sudden illness and its possible value as a defense when negligence is charged against an automobile driver.

Negligent Operation Of A Police Vehicle, Harvey S. Morrison

Cleveland State Law Review

As a general rule a police officer on an emergency call is required to exercise the care which a reasonable, prudent man would exercise in the discharge of official duties of a like nature under like circumstances. Comparing this standard of care to that required of a civilian driver, one finds not that a lesser degree of care is required of the police officer but that the care exercised must be commensurate with the circumstances. The ordinary driver under ordinary circumstances uniformly has the duty to exercise ordinary care toward other travelers to avoid injury or property damage. The police …

Torts—Attractive Nuisance—Property Owner Not Liable For Injuries Suffered By A Child Playing With A Metal Grating Imbedded In A Public Sidewalk, Max E. Schlopy

Buffalo Law Review

Cuevas v. 73rd & Central Park West Corp., 26 A.D.2d 239, 272 N.Y.S.2d 41 (1st Dep't 1966).

Covenant To Repair As Evidence Of Landlord's Control, Edmund Button

Cleveland State Law Review

An exception to the rule that the tenant and not the landlord is liable for defective conditions of leased premises has for its basis the landlord's promise or covenant to repair. Unlike other exceptions, this one is neither well defined nor uniformly applied through-out the states. How the courts construe the landlord's promise to repair as affecting his liability in tort is the concern of this note.

Torts—Unfair Competition—Injunction Granted To Prevent One From Using His Surname In Own Business, Roger J. Niemel

Buffalo Law Review

David B. Findlay, Inc. v. Findlay, 18 N.Y.2d 12, 218 N.E.2d 531, 271 N.Y.S.2d 652, motion to amend remittitur granted, 18 N.Y.2d 676, 219 N.E.2d 872, 273 N.Y.S.2d 422 (1966).

Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Agency--Respondeat Superior--Contribution--Indemnity--Employer's Liability Toward The Wife Of His Employee, John D. Mccann

Kentucky Law Journal

No abstract provided.

Torts--Negligence-Violation Of An Administrative Regulation As Negligence Per Se, Gary E. Conn

Kentucky Law Journal

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1967.

Evidence—Res Ipsa Loquitur In Accidents Involving Skidding And Swerving Vehicles, David C. Horan

Buffalo Law Review

Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, 216 N.E.2d 324, 269 N.Y.S.2d 115 (1966).

Babcock V. Jackson In Kentucky: Judicial Method And The Policy-Centered Conflict Of Laws, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.

Torts - Strict Liability For Defective Products, Salvatore J. Cucinotta

Duquesne Law Review

The Pennsylvania Supreme Court has adopted the Restatement 2d, Torts, Section 400, which provides that "one who puts out as his own product a chattel manufactured by another is subject to the same liability as though he were its manufacturer." Strict liability now applies, not only to the manufacturer of defective products unreasonably dangerous, but also to distributors of such products.

Forry v. Gulf Oil Corporation, 428 Pa. 334, 237 A.2d 593 (1968).

Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg

Buffalo Law Review

Motor Vehicle Acc. Indemnification Corp. v. Eisenberg, 18 N.Y.2d 1, 218 N.E.2d 524, 271 N.Y.S.2d 641 (1966).

Torts—Libel—A Conditional Privilege To Make Non-Malicious Misstatements Concerning Participants In Public Discussion, Peter J. Brevorka

Buffalo Law Review

Pauling v. Globe-Democrat Publishing Co., 362 F.2d 188 (8th Cir. 1966), petition for cert. filed, 35 U.S.L. Week 3082 (U.S. Sept. 13, 1966) (No. 522).

Brake Failure As Negligence Per Se, Otto J. Danker

Cleveland State Law Review

Although numerous automotible accidents have been caused by brake failure, the courts have yet to concur on a rule as to the drivers' liability when the brakes fail without the driver's knowledge that they were defective. In Ohio, the driver is held to be negligent per se for the injuries resulting from an unforeseen brake failure.

Warsaw Convention: Treaty Under Pressure, Jay Levine

Cleveland State Law Review

The major United States and foreign airlines have agreed to absolute liability for provable damages up to $75,000 for injury or death of passengers on Warsaw Convention flights to, from, or stopping in, the United States. For the vast majority of Americans on international flights, the Agreement disposes of the Convention's liability limit of $8,300.3 And the Lisi opinion of the Second Circuit may make the Convention a dead letter for accidents occurring before the Agreement.

Bowling Alley Tort Liability, Matthew J. Koch

Cleveland State Law Review

Tort liability of the bowling alley proprietor or operator has become a common problem with the increased popularity of bowling. The two principal grounds upon which tort liability of the proprietor or owner may be predicated are negligence and nuisance.

Landowner's Responsibility To A Social Guest, Burt C. Siebert

Cleveland State Law Review

The early common law, from which our present law has evolved, classifies persons on land into three basic categories: trespassers, licensees, and invitees. The classification determines the standard of care that is owed to these persons. The standard of care is a duty imposed upon the landowner because he is in control of his land, is presumed to know all about his land and any dangers or possible dangers that may exist, and is best able to prevent any harm to others. A "social guest" can fit into all three of the categories, as a trespasser, a licensee, or an …

Police Liability For Invasion Of Privacy, Mildred Schad

Cleveland State Law Review

No reasonable man would contend that there can be no valid invasion of privacy by police officers. But, just when do the rights of society accede to the privileges of the individual? Certain guides as to the reasonableness of a search have been determined. A search, without a search warrant, is lawful if it is incident to a lawful arrest and if the essential element of a lawful arrest, probable cause, exists.

Defectively Designed Highways, Steven J. Erlsten

Cleveland State Law Review

There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …

Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston

Cleveland State Law Review

The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.

Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review

Michigan Law Review

In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.

Implied Warranties In The Sale Of New Houses - Bethlahmy V. Bechtel

Maryland Law Review

No abstract provided.

Maryland Prescribes Joint Action For Negligently Caused Loss Of Consortium - Deems V. Western Maryland Ry.

Maryland Law Review

No abstract provided.

The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer

Villanova Law Review

No abstract provided.