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Articles 1 - 25 of 25
Full-Text Articles in Law
Husband And Wife--Right To Wife To Sue Her Husband For Personal Injuries--Interpretation Of Statutes, Jerome Katz
Husband And Wife--Right To Wife To Sue Her Husband For Personal Injuries--Interpretation Of Statutes, Jerome Katz
West Virginia Law Review
No abstract provided.
Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check
Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check
Michigan Law Review
In an action by a creditor against his debtor for the non-payment of the debt, the ordinary measure of damages for non-performance of the contract is the sum of money itself with interest at the legal rate from the time it was due. Tradition has it that the relation between bank and depositor is that of debtor and creditor. Clearly, it is a contractual relationship. The contract, however, is not merely to pay the creditor but also to pay, on his behalf, such third persons as he may designate. It is not an adequate description to say, merely, that the …
Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile
Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile
Michigan Law Review
After the sound of a crash, the defendant's motortruck was found on the plaintiff's porch. Held, the doctrine of res ipsa loquitur was applicable.
Partnership-Dissolution By Death Of Partner
Partnership-Dissolution By Death Of Partner
Michigan Law Review
Suit was brought by holders of certificates of deposit against the defendants as partners in an insolvent private bank. At the trial plaintiffs amended their petition by alleging that though defendants called themselves a partnership, they were in law and fact a joint stock company. But they failed to strike out the first allegation. The articles of agreement provided for a manager and a financing committee and for transferable stock, but transferable only to those whom the committee might admit. Several of the shareholders were deceased previous to the time the liability was incurred by the manager, and the status …
Torts--Joint Tort-Feasors-Release Or Covenant Not To Sue
Torts--Joint Tort-Feasors-Release Or Covenant Not To Sue
Michigan Law Review
Plaintiff was injured while she was a passenger in a taxicab as a result of a collision of the cab with a motor truck. After starting a suit against the taxicab company, plaintiff signed a written agreement, whereby, in consideration of the payment to the plaintiff of $1,032.40 by the cab company, plaintiff agreed not to prosecute any suit pending, nor to file any suit against the cab company for any damage growing out of the collision, and to pay all costs in the said pending suit. The agreement also declared that the promise of the plaintiff should in no …
Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party
Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party
Michigan Law Review
The plaintiff's son borrowed the plaintiff's automobile for an evening's pleasure trip in which the plaintiff had no interest. While on this trip, the automobile was damaged as a result of the negligence of the defendant and the driver of the plaintiff's automobile. Held, the relation of the plaintiff to his son was that of bailor and bailee, but that the negligence of the bailee could not be imputed to the bailor so as to bar recovery for the damage to the automobile in an action against the negligent defendant. Robinson v. Waffen (Me. 1930) 151 Atl. 10.
Torts--Wild Animals--Negligence As Basis Of Liability For Personal Injuries, Robert E. Stealey
Torts--Wild Animals--Negligence As Basis Of Liability For Personal Injuries, Robert E. Stealey
West Virginia Law Review
No abstract provided.
Workmen's Compensation-Injuries Arising Out Of Employment
Workmen's Compensation-Injuries Arising Out Of Employment
Indiana Law Journal
No abstract provided.
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Michigan Law Review
Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.
Negligence-Duty To Trespassers--Duty To Warn Known Trespasser
Negligence-Duty To Trespassers--Duty To Warn Known Trespasser
Indiana Law Journal
No abstract provided.
Quasi-Contracts--Duress--Tort Action For
Quasi-Contracts--Duress--Tort Action For
Michigan Law Review
The court in the instant case implied by way of dictum that the plaintiff could have recovered if duress had existed. Perhaps as to the commissions sufficient benefit was conferred upon the defendant to form the basis of quasicontractual liability. WOODWARD, LAW OF QUASI-CONTRACTS, sec. 211; Astley v. Reynolds, 2 Strange 915; Darling-Singer Lumber Co. v. Oriental Navigation Co., 127 Or. 655, 272 Pac. 275.
Torts-Inducing Breach Of Contract
Torts-Inducing Breach Of Contract
Michigan Law Review
A contracted to build a dwelling for B, a negro. C, learning that A was building the structure for B, called on B and gave B to understand that the neighborhood would not permit B to use the building after completion. There were no direct threats, nor was there any violence, nor was B requested to cancel the contract. A sues C for inducing the breach which follows C's conversation with B. Held, A was entitled to damages even though C bore no malice toward A and did not intend to cause damage to A. Carson v. Stephens (La. …
The Law Of Torts, By Thomas M. Cooley, Fowler Vincent Harper
The Law Of Torts, By Thomas M. Cooley, Fowler Vincent Harper
Indiana Law Journal
No abstract provided.
Cases On Torts, By Francis H. Bohlen, Fowler Vincent Harper
Cases On Torts, By Francis H. Bohlen, Fowler Vincent Harper
Indiana Law Journal
No abstract provided.
Tort-Concurrent Negligence--Knowledge Of Party Charged--Proximate Cause
Tort-Concurrent Negligence--Knowledge Of Party Charged--Proximate Cause
Indiana Law Journal
No abstract provided.
Torts--Contributory Negligence Of An Automobile Passenger, Melville Stewart
Torts--Contributory Negligence Of An Automobile Passenger, Melville Stewart
West Virginia Law Review
No abstract provided.
Criminal Conservation--Damages--Refusal Of Writ Of Error, Fletcher W. Mann
Criminal Conservation--Damages--Refusal Of Writ Of Error, Fletcher W. Mann
West Virginia Law Review
No abstract provided.
Warehousemen-Duty To Use Ordinary Care-Recovery For Negligence
Warehousemen-Duty To Use Ordinary Care-Recovery For Negligence
Indiana Law Journal
No abstract provided.
Gross Negligence, Frank L. Mechem, Lowell P. Mickelwait
Gross Negligence, Frank L. Mechem, Lowell P. Mickelwait
Washington Law Review
The rule is well established that the operator of an automobile owes an invited guest a duty to exercise reasonable care inits operation, and will be liable to the guest for ordinary negligence which causes injury to him. Nevertheless, a few jurisdictions have adopted the rule that gross negligence must be shown in order to hold the operator liable to his invited guest, or stated conversely, that only slight care is required of the operator of an automobile toward his invited guest.
The Stop, Look And Listen Rule, Fletcher W. Mann
The Stop, Look And Listen Rule, Fletcher W. Mann
West Virginia Law Review
No abstract provided.
Torts--Last Clear Chance Doctrine, Harriet L. French
Torts--Last Clear Chance Doctrine, Harriet L. French
West Virginia Law Review
No abstract provided.
Negligence In The Operation Of Aircraft, James W. Stites
Negligence In The Operation Of Aircraft, James W. Stites
Kentucky Law Journal
No abstract provided.
Contributory Negligence-Question Of Fact For Jury-Basis For Conclusion Of Jury
Contributory Negligence-Question Of Fact For Jury-Basis For Conclusion Of Jury
Indiana Law Journal
No abstract provided.
Res Ipsa Loquitur In Air Law, Fowler Vincent Harper
Res Ipsa Loquitur In Air Law, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.