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Articles 31 - 60 of 64
Full-Text Articles in Law
Ordering Physical Examination Of Personal Injury Plaintiffs
Ordering Physical Examination Of Personal Injury Plaintiffs
Washington and Lee Law Review
No abstract provided.
Admiralty--Liability--Transitory Unseaworthiness, Richard Delamielleure
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 …
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Michigan Law Review
It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Michigan Law Review
The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Michigan Law Review
A Review of Traffic Victims. Tort Law and Insurance. By Leon Green.
Negligence - Duty Of Care - Liability For Injury Caused By Obvious Defect Where Lessor Contracted To Repair, Donald R. Jolliffe
Negligence - Duty Of Care - Liability For Injury Caused By Obvious Defect Where Lessor Contracted To Repair, Donald R. Jolliffe
Michigan Law Review
Defendant, lessor of a delivery truck, agreed with the lessee to maintain the vehicle in good condition and make regular inspections. The lessee's driver was not to make any repairs or adjustments but was to deliver the truck to the lessor as it needed repairs or as requested for inspection. Two years after the lease was made, plaintiff-driver made a written request to the lessor for repairs to the floor in the driver's compartment. Although plaintiff left the truck overnight with the lessor and made several further requests, the floor was not repaired. One month after notifying the lessor, plaintiff …
Air Law - Imputed Negligence - Liability Of Airplane Owner For Negligence Of Pilot, George E. Lohr S.Ed.
Air Law - Imputed Negligence - Liability Of Airplane Owner For Negligence Of Pilot, George E. Lohr S.Ed.
Michigan Law Review
Plaintiff, passenger in an airplane owned by defendant as proprietor of the flight school and piloted by a flight trainee with defendant's permission, suffered injuries in a crash allegedly caused by the negligence of the pilot and brought this action against defendant owner to recover damages. The trial court sustained defendant's motion to dismiss the complaint. On appeal, held, reversed and remanded for new trial. If the allegations of negligence of the pilot are found to be true, defendant would be liable for plaintiff's injuries even though he was not in actual control of the airplane. The governing statutory …
Liability Insurance - Cooperation Clause - Failure Of Cooperation Absent A Finding Of Prejudice, Edward B. Stulberg S.Ed.
Liability Insurance - Cooperation Clause - Failure Of Cooperation Absent A Finding Of Prejudice, Edward B. Stulberg S.Ed.
Michigan Law Review
Plaintiff insurance company sought a declaratory judgment absolving it from obligation on an automobile liability insurance policy on the ground that there had been a breach of the cooperation clause. Johnston, the insured, was the driver of a car involved in an accident in Crawford County, Kansas, giving rise to substantial claims by defendant Elliott. At the request of Elliott's attorney, Johnston traveled from his home in Kansas to submit to service of process in Missouri. When plaintiff questioned this behavior, Johnston lied, denying that collusion had prompted his appearance in Missouri. On appeal from summary judgment for plaintiff company, …
Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky
Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky
Michigan Law Review
Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Michigan Law Review
Plaintiff was a passenger in an automobile which collided with one driven by defendant's intestate. Both drivers were killed, and plaintiff sued defendant, administrator of intestate's estate, for personal injuries, alleging negligence. There were no other eye-witnesses to the collision, and the trial court, relying upon the Alabama dead man's statute, would not permit plaintiff to testify to any of the details or circumstances of the accident, or even to the fact that she had been involved in an accident with an automobile driven by the decedent. The jury found for defendant. On appeal, held, reversed. Plaintiff, passenger in …
Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich
Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich
Michigan Law Review
The plaintiff, an infant, fell from the back porch of an apartment leased by his parents from a housing authority. The plaintiff brought actions for negligence against the architect who designed the dwelling, the builder who constructed it, and the housing authority which leased it, alleging that the back porch was so designed and constructed as to create a dangerous condition for the users thereof. The trial court dismissed the complaints against the builder and the architect. On appeal, held, reversed. Despite the lack of privity between the builder and the architect and the plaintiff, a good cause of …
Personal Torts Within The Family, Val Sanford
Personal Torts Within The Family, Val Sanford
Vanderbilt Law Review
If a person, while under the influence of intoxicants, drives his automobile at excessive speed, loses control of it, jumps the curb and strikes a pedestrian, injuring him severely, there would be little question, nothing else appearing, that he would be liable to the injured pedestrian in an action for damages. The premises underlying a conclusion of liability in such cases are obvious. It is in the interest of society that injured persons be compensated and rehabilitated; and our conceptions of justice are such that ordinarily it seems fair that the party who was at fault, whose action caused the …
Negligence - Duty Of Landlord Toward His Own Social Guest Injured On A Common Stairway, Lawrence Sperling
Negligence - Duty Of Landlord Toward His Own Social Guest Injured On A Common Stairway, Lawrence Sperling
Michigan Law Review
Defendant was co-owner of an apartment house and occupied one of the apartments. Plaintiff, his invited social guest, was injured while descending the common stairway because of defendant's negligence in failing to provide adequate lighting. A directed verdict for the defendant was affirmed by the appellate division on the ground that plaintiff as a social guest of the landowner was only a licensee. On appeal to the supreme court, held, reversed, three judges dissenting. A social guest of the landlord is an invitee while on the common stairway and therefore may recover for injuries sustained due to negligent maintenance …
Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.
Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.
Michigan Law Review
Defendant issued a liability insurance policy to the manufacturer of a hair-waving product, an Illinois subsidiary of a Delaware corporation having its headquarters in Massachusetts. The policy, issued in Massachusetts and delivered in Massachusetts and Illinois, was to protect the insured against damages that might be suffered by users of the product anywhere in the United States or Canada. It contained a "no action" clause enforceable under Massachusetts and Illinois law prohibiting direct actions against the insurer until final determination of the insured's liability, either by judgment or agreement. Alleging injuries sustained in Louisiana where the product was bought and …
Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke
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 …
Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.
Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.
Michigan Law Review
Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen's Compensation Act. The Workmen's Compensation Commission entered an award for the plaintiff. On appeal by the state, held, …
Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.
Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.
Michigan Law Review
Sparks from defendant's train started a fire on defendant's right of way which spread toward plaintiff's farm. Plaintiff, in an attempt to contain the fire, plowed a fire guard along the edge of his property. While driving his tractor to a safe place after completing the last furrow, he ran over a root or limb which flew up and struck him in the eye, causing blindness. In the trial court plaintiff recovered from the railroad under an Oklahoma statute which specified that "Any railroad company operating any line in this state shall be liable for all damages sustained by fire …
Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.
Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.
Michigan Law Review
Plaintiff was employed as defendant's bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband's oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb. The lower court decided that the injury was one arising out of and in the course of plaintiff's …
Negligence-Federal Employer's Liability Act-Extension Of The Safe Place To Work Doctrine, Charles E. Oldfather S.Ed.
Negligence-Federal Employer's Liability Act-Extension Of The Safe Place To Work Doctrine, Charles E. Oldfather S.Ed.
Michigan Law Review
Plaintiff, a lumber inspector employed by the defendant railroad, was inspecting railroad ties on a dock owned by an independent lumber company. The employees of the lumber company had piled the ties so that the ends were either flush with or protruded over the edge of the dock. In order to inspect the ends, the plaintiff assumed a ''bent-over" position in which his right foot was on the edge of the dock, his left hand on the pile and his left foot suspended in the air. After losing his balance, he placed his left foot on the dock where it …
Admiralty-Unseaworthiness Of Vessel In Having Vicious Crew Member Aboard, Richard B. Barnett S.Ed.
Admiralty-Unseaworthiness Of Vessel In Having Vicious Crew Member Aboard, Richard B. Barnett S.Ed.
Michigan Law Review
Plaintiff, a seaman on board defendant's ship, went ashore on leave with the second cook. After returning to the ship, the two quarrelled and plaintiff knocked the cook down. The cook went to the galley and obtained a meat cleaver with which he struck plaintiff on the head, causing serious injury. Plaintiff brought suit against the ship owner for damages on the theory that in allowing a man of the cook's vicious proclivities to become a member of the crew, defendant failed to provide a "seaworthy" ship and that plaintiff had suffered injury as a result. Plaintiff appealed a verdict …
Negligence-Res Ipsa Loquitur-Justification For A Directed Verdict In Favor Of The Plaintiff, William A. Bain, Jr. S. Ed.
Negligence-Res Ipsa Loquitur-Justification For A Directed Verdict In Favor Of The Plaintiff, William A. Bain, Jr. S. Ed.
Michigan Law Review
Defendant was driving his car along a straight and unobstructed stretch of gravel road when it ran off the road, overturned, and injured the plaintiff, who was a passenger. There was some conflict in the evidence as to the speed of the car and the only evidence that the defendant could offer as to the cause of the accident was a statement that it could have been the gravel or a tie rod. The trial court directed a verdict for the plaintiff. On appeal, held, affirmed. The car left a straight and unobstructed highway and there is no showing …
Negligence-Duty Of Care-Auctioneer As Owner Or Occupier Of Land, Richard W. Billings S. Ed.
Negligence-Duty Of Care-Auctioneer As Owner Or Occupier Of Land, Richard W. Billings S. Ed.
Michigan Law Review
Plaintiff, while attending an auction conducted by defendant, purchased a large kitchen cabinet. As her sons attempted to remove the cabinet, their negligent handling of the piece caused the top half to become dislodged and to fall on the plaintiff, injuring her seriously. Defendant, a veteran auctioneer, was in full control of the auction and the area in which the injury occurred, and had invited the public to attend by means of advertisements. He had offered the sons no assistance, nor had he given the crowd warning of their dangerous activity. On appeal from a judgment for plaintiff, held, …
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Michigan Law Review
A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).
Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison
Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison
Michigan Law Review
A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against …
Negligence-Last Clear Chance-Plaintiff's Ignorance Of Danger When He Is Not Ignorant Of The Instrumentality Which Causes His Injury, John Yates
Michigan Law Review
Plaintiff, a boy twelve years of age, was struck by a locomotive of defendant railroad and suffered severe injuries. Defendant engineer, who had noticed plaintiff walking toward the track, could have stopped the train when he first observed plaintiff but did not because he had seen plaintiff look over his shoulder at the approaching train. The train could not be stopped after plaintiff had stepped onto the track. Plaintiff admitted seeing the train when it was 400 feet distant and that he had miscalculated the time necessary to cross in front of it. On appeal from judgment against both defendants, …
Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.
Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.
Michigan Law Review
An automobile containing two furloughed soldiers and their father was struck by a negligently operated army vehicle, resulting in the death of one soldier and injury to the other two occupants. In a suit against the government under the Federal Tort Claims Act the father and injured soldier recovered in their own right and the father also recovered as administrator of the deceased soldier's estate. The Circuit Court of Appeals reversed the judgments in favor of the servicemen, holding that there was an implied exception in the act prohibiting such suits because of benefits available to servicemen in the form …
Agency-Liability Of Employer For Employee's Intentional Torts, L. W. Larson, Jr.
Agency-Liability Of Employer For Employee's Intentional Torts, L. W. Larson, Jr.
Michigan Law Review
Plaintiff, a spectator occupying a front seat at a hockey game, was struck and injured by one of the players who was attempting to strike an opponent. Beyond the fact that a hockey game was in progress, there was nothing to indicate the player's motive. Plaintiff recovered judgment against appellant, the corporation that employed the player who had struck her. The lower court instructed the jury that the player who had struck the plaintiff was as a matter of law acting as a servant, agent, or employee and within the scope of his employment at the time the plaintiff was …
Negligence-Taking The Issue Of Negligence From The Jury In Public Utility Cases, Charles D. Bell S.Ed.
Negligence-Taking The Issue Of Negligence From The Jury In Public Utility Cases, Charles D. Bell S.Ed.
Michigan Law Review
After boarding a trolley owned and operated by defendant, plaintiff-dropped her return slip. Holding a package in one hand, she stooped to pick up the slip. Plaintiff testified that although defendant's operator saw her in this position, he started the trolley with a "very fast jerk" which threw plaintiff to the floor and caused certain injuries. At the conclusion of plaintiff's evidence, which consisted of her uncorroborated testimony, the trial court directed a verdict for defendant. On appeal, held, affirmed. Przborowski v. Baltimore Transit Co., (Md. 1948) 59 A. (2d) 687.
Pleadings--Actions--Injury To Person And Property One Cause Of Action, B. H. W. Ii.
Pleadings--Actions--Injury To Person And Property One Cause Of Action, B. H. W. Ii.
West Virginia Law Review
No abstract provided.