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Full-Text Articles in Law

Negligence-Proximate Cause, W. Stirling Maxwell Dec 1947

Negligence-Proximate Cause, W. Stirling Maxwell

Michigan Law Review

An owner left his car in defendants' parking garage with the key in the ignition. Defendants' employee stole the car and loaned it to X who had no knowledge of the theft. X, while driving the car, ran into plaintiff nearly twelve hours after the theft. Held, as a matter of law defendants were not guilty of negligence. Assuming, however, that defendants were negligent, such negligence was not the proximate cause of plaintiff's injuries. Howard v. Swagart, (App. D.C. 1947) 161 F. (2d) 651.


Gavit And Mann Of I.U. Sue Publishing Company Jun 1947

Gavit And Mann Of I.U. Sue Publishing Company

Bernard Campbell Gavit (1933-1951)

No abstract provided.


Negligence--Last Clear Chance--Application Of Doctrine Where Plaintiff Inattentive And Defendant Sees Plaintiff Killed And Had Opportunity To Realize Danger, C. W. W. Jun 1947

Negligence--Last Clear Chance--Application Of Doctrine Where Plaintiff Inattentive And Defendant Sees Plaintiff Killed And Had Opportunity To Realize Danger, C. W. W.

West Virginia Law Review

No abstract provided.


Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed. Jun 1947

Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.

Michigan Law Review

Plaintiff's decedent, an infant twenty years of age, owned an automobile which was being driven by a lad of seventeen at the request of decedent who, with a girl companion, occupied the rear seat of the automobile. The infant driver did not have a driver's license. Plaintiff, as administratrix of the estate of the decedent brought an action under the Death Act for damages arising from the death of the decedent which occurred as a result of a collision between the automobile and defendant's locomotive. There was evidence bearing upon the defendant's negligence and negligence on the part of the …


Torts-Right Of Privacy-Invasion Of Privacy Through Fictional Works, Ira M. Price, Ii Jun 1947

Torts-Right Of Privacy-Invasion Of Privacy Through Fictional Works, Ira M. Price, Ii

Michigan Law Review

The New York Civil Rights Law prohibits the use of a person's name, portrait, or picture without his consent in writing, for advertising or trade purposes, under penalty of civil and criminal liability. Plaintiff, senior civil affairs officer of the American Military Government in the town of Licata, Sicily, during its occupation by Allied Armies of World War II, brought suit under the statute against the author of the book "A Bell for Adana," and others, alleging that he occupied the position of the book's and play's principal character, "Major Victor Jappolo" in the fictitiously named town of Adano; and …


Banks And Banking-Night Depository-Relation Created Between Bank And Depositor, Irving Slifkin May 1947

Banks And Banking-Night Depository-Relation Created Between Bank And Depositor, Irving Slifkin

Michigan Law Review

By payment of a nominal charge, the plaintiff became entitled to use the night depository service offered to its customers by the defendant bank. On Christmas day, 1942, plaintiff made use of this service by depositing some currency, coins, and a check which were placed in a canvas bag supplied by the defendant bank for this purpose. Plaintiff never received credit for this deposit. Defendant bank was unable to find the bag which the plaintiff had deposited, and plaintiff sued to recover the value of its contents, obtaining a judgment in the trial court. Defendant bank appealed. Held, judgment …


Bills And Notes-Assent By Indorser To Release Of Maker As Undertaking By Former To Continue Liable-Section 120, N.I.L., Bruce L. Moore May 1947

Bills And Notes-Assent By Indorser To Release Of Maker As Undertaking By Former To Continue Liable-Section 120, N.I.L., Bruce L. Moore

Michigan Law Review

The indorser on the note in suit gave his assent to the holder's release of the insolvent maker in return for a deed to certain real estate given by the maker. In reply to demands of the holder for the balance remaining due after sale of the real estate, the indorser stated he would pay the note, but asked for time. On failure of the indorser to pay, this suit was brought. Held, for the plaintiff. Consent of the indorser to release of the maker is not equivalent to an express reservation of rights as required by section 120(5) …


Torts-Liability Of Rescued Defendant Who Carelessly Exposes Himself To Danger To Rescuing Plaintiff Who Is Injured, Edwin M. Deal S.Ed. May 1947

Torts-Liability Of Rescued Defendant Who Carelessly Exposes Himself To Danger To Rescuing Plaintiff Who Is Injured, Edwin M. Deal S.Ed.

Michigan Law Review

While visiting defendant's farm, plaintiff was injured pushing defendant from the path of her own automobile which she had stopped on an incline without setting the brake. Held, for plaintiff. Lack of self-protective care may be negligence toward any person in whose vicinity one exposes oneself to undue risk of injury. Carney v. Buyea, 271 App. Div. 338, 65 N.Y.S. (2d) 902 (1946).


Wills--Torts To Expectancies-Wrongful Destruction Of Wills, Robert K. Eifler S.Ed. May 1947

Wills--Torts To Expectancies-Wrongful Destruction Of Wills, Robert K. Eifler S.Ed.

Michigan Law Review

In a tort action to recover damages for the destruction of a will, plaintiff alleged that plaintiff's grandmother had executed a holographic will · prior to her death in October, 1939 by which she devised a farm to her two children for their lives, and at their death to plaintiff in fee; that the defendants, one of the two children and his wife, destroyed the will shortly before plaintiff's grandmother's death and while she was non compos mentis. The petition alleged that if the will had not been destroyed it would have been duly probated, but there was no …


Recovery For Loss Of Use Of Destroyed Automobile Apr 1947

Recovery For Loss Of Use Of Destroyed Automobile

Indiana Law Journal

Notes and Comments: Damages


Independent Intervening Cause Apr 1947

Independent Intervening Cause

Indiana Law Journal

Notes and Comments: Torts


Effect Of "No Riders" Instructions Apr 1947

Effect Of "No Riders" Instructions

Indiana Law Journal

Notes and Comments: Master and Servant


Relevancy Of Plaintiff's War Record In Personal Injury Action Apr 1947

Relevancy Of Plaintiff's War Record In Personal Injury Action

Indiana Law Journal

Notes and Comments: Evidence


Corporations-Torts-Liability Of A Corporate Officer For Inducing Corporation To Breach Its Contract, Ira M. Price, Ii Mar 1947

Corporations-Torts-Liability Of A Corporate Officer For Inducing Corporation To Breach Its Contract, Ira M. Price, Ii

Michigan Law Review

Defendant corporation elected to redeem its outstanding preferred stock at a price of $65 a share including accumulated dividends. When plaintiff tendered its certificates of the preferred stock for transfer to the corporation, the company refused to accept the certificates or to pay for them at their redemption price. Plaintiff alleged that defendant Vincent, president of defendant corporation and owner of most of its common stock, conspired with and induced the company to break its stock redemption contract with plaintiff after plaintiff's refusal to agree to share with Vincent 50 p.er cent of any profits that might accrue from redemption …


Bailment-Unknown Chattels Contained In Object Bailed, B. E. Heath Mar 1947

Bailment-Unknown Chattels Contained In Object Bailed, B. E. Heath

Michigan Law Review

Plaintiff's automobile was stolen from defendant's parking lot. Plaintiff had previously disclosed to defendant's agent that certain things were in the car, but had failed to mention other items also present. In an action to recover the value of all the items, held, recovery allowed only for those things that defendant knew were in the automobile, he being a bailee of those things only. Palotto v. Hanna Parking Garage Co., (Ohio 1946) 68 N.E. (2d) 170.


Torts-Liability Of Charitable Hospital For Injuries To Patient Caused By Negligence Of Nurse And Intern. [New York] Mar 1947

Torts-Liability Of Charitable Hospital For Injuries To Patient Caused By Negligence Of Nurse And Intern. [New York]

Washington and Lee Law Review

No abstract provided.


Damages-Counsel Fees As Item Of Damages For Malicious Inducement Of Breach Of Contract. [Federal] Mar 1947

Damages-Counsel Fees As Item Of Damages For Malicious Inducement Of Breach Of Contract. [Federal]

Washington and Lee Law Review

No abstract provided.


Torts-Resc Uer's Right Ts Recover Damages From Rescuee For Injuries Sustained. [New York] Mar 1947

Torts-Resc Uer's Right Ts Recover Damages From Rescuee For Injuries Sustained. [New York]

Washington and Lee Law Review

No abstract provided.


The Attractive Nuisance Doctrine In Washington, L. R. Bonneville, Jr. Feb 1947

The Attractive Nuisance Doctrine In Washington, L. R. Bonneville, Jr.

Washington Law Review

It is here proposed to examine the cases in Washington wherein "attractive nuisance" has been discussed, for the purpose of determining the scope of the doctrine as it has been accepted in this state, and to point out the types of situations in which an unsuccessful attempt has been made to apply this rule, for the appellate court in this state has dealt with the doctrine primarily in a negative manner, i.e. has denied its applicability to most of the factual, situations in cases where the issue has been raised on appeal, which in itself illustrates that the bar of …


The Conflict Of Laws: A Comparative Study. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel Jan 1947

The Conflict Of Laws: A Comparative Study. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel

Michigan Legal Studies Series

Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather …


Damages--Some Situations In Which The Plaintiff Is Not Required To Minimize Damages, James E. Adkins Jan 1947

Damages--Some Situations In Which The Plaintiff Is Not Required To Minimize Damages, James E. Adkins

Kentucky Law Journal

No abstract provided.


Torts--Negligent Interference With Contractual Relations, E. Durward Weldon Jan 1947

Torts--Negligent Interference With Contractual Relations, E. Durward Weldon

Kentucky Law Journal

No abstract provided.


Torts-Liability Of Land And Chattel Owner To Third Party For Acts Of Infant Trespasser, T. L. Tolan Jan 1947

Torts-Liability Of Land And Chattel Owner To Third Party For Acts Of Infant Trespasser, T. L. Tolan

Michigan Law Review

Defendant left on his land tractors which could easily be started by children in the neighborhood who, defendant knew, frequently trespassed and played on the machines. A boy of ten inadvertently started one of the machines and then jumped to safety, but the tractor proceeded through a building on defendant's land, down a hill, across a street, and into and through the plaintiff's house a block away, causing the damage for which she sues. The trial court charged that to justify recovery for the plaintiff the jury must find not only that defendant was negligent, and that his negligence was …


Domestic Relations--Right Of Wife To Sue For Loss Of Consortium Due To A Negligent Injury To Her Husband, John Morrow Kinnaird Jan 1947

Domestic Relations--Right Of Wife To Sue For Loss Of Consortium Due To A Negligent Injury To Her Husband, John Morrow Kinnaird

Kentucky Law Journal

No abstract provided.


Legislation--A Proposed Dangerous Driving Statute For Kentucky, Arnett Mann Jan 1947

Legislation--A Proposed Dangerous Driving Statute For Kentucky, Arnett Mann

Kentucky Law Journal

No abstract provided.


Torts--Joint And Concurrent Tortfeasors Defined--Effect Of Release In Kentucky, E. Durward Weldon Jan 1947

Torts--Joint And Concurrent Tortfeasors Defined--Effect Of Release In Kentucky, E. Durward Weldon

Kentucky Law Journal

No abstract provided.


Trespass--Absolute Liability Without Fault In Kentucky, Glenn W. Denham Jan 1947

Trespass--Absolute Liability Without Fault In Kentucky, Glenn W. Denham

Kentucky Law Journal

No abstract provided.


States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed. Jan 1947

States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed.

Michigan Law Review

Although deriving its force and effect from the medieval period, the doctrine of sovereign immunity retains much of its original influence. Historically, the doctrine is based upon the rule that no suit may be brought against the King without his consent. This concept found its way into international law, and from this source was derived the freedom from suit that our individual states enjoy in their own courts. With the development of the federal union, new problems arose and many were resolved by the adoption of the Eleventh Amendment, which forbids suit against a state in a federal court by …


Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed. Jan 1947

Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.

Michigan Law Review

Defendant had a right of way over plaintiff's land limited to the transportation of coal mined on that land. Plaintiff seeks to recover for use and occupation of his land by defendant when he exceeded his right by transporting coal mined on adjacent property. Held, the plaintiff is entitled to quasi-contractual recovery of the value of the benefit to defendant based on the prevailing rate of purchase of right of way for transportation of coal over another's land. Raven Red Ash Coal Co., Inc. v. Ball, (Va. 1946) 39 S.E. (2d) 231.