Law Commons^™

Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs

Michigan Law Review

Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …

Negligence—Doctrine Of Macpherson V. Buick—Liability Of Remote Supplier, Phyllis J. Hubbard, David S. Reisman

Buffalo Law Review

La Rocca v. Farrington, 301 N.Y. 247, 93 N.E. 2d 829 (1950).

Res Ipsa Loquitur Vindicated, Louis L. Jaffe

Buffalo Law Review

No abstract provided.

Impleader Of The United States For Contribution Under The Federal Tort Claims Act, Henry Rose

Buffalo Law Review

No abstract provided.

Negligence—Last Clear Chance Held Applicable Though Defendant's Driver Did Not See Decedent, Alvin M. Glick

Buffalo Law Review

Chadwick v. City of New York, 301 N. Y. 176, 93 N. E. 2d 625 (1950).

Torts-Strict Liability For Ultra-Hazardous Activities, Harold G. Christensen S.Ed.

Michigan Law Review

Plaintiff brought action for damage to his land caused by concussion and vibration resulting from defendant's blasting operations in the construction of a public highway. Defendant demurred for failure to state a cause of action in that plaintiff did not properly plead negligence. Held, demurrer sustained. Fault is a requisite to liability. Reynolds v. W. H. Hinman Co., (Me. 1950) 75 A. (2d) 802.

Tort Liability Of Parent To Minor Child

Indiana Law Journal

No abstract provided.

Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.

Michigan Law Review

Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …

Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed.

Michigan Law Review

Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff's husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a …

Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.

Michigan Law Review

Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …

Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed.

Michigan Law Review

Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff's husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a …

Torts-Strict Liability For Ultra-Hazardous Activities, Harold G. Christensen S.Ed.

Michigan Law Review

Plaintiff brought action for damage to his land caused by concussion and vibration resulting from defendant's blasting operations in the construction of a public highway. Defendant demurred for failure to state a cause of action in that plaintiff did not properly plead negligence. Held, demurrer sustained. Fault is a requisite to liability. Reynolds v. W. H. Hinman Co., (Me. 1950) 75 A. (2d) 802.

A Rationale Of Negligence Per Se

Indiana Law Journal

No abstract provided.

Proposed Acts Concerning Wrongful Death And Survival Of Actions In Indiana

Indiana Law Journal

No abstract provided.

Procedure-Settlement Of Claim Against One Joint Tort-Feasor With Reservation Of Rights Against Others [Shortt V. Hudson Supply & Equipment Co., Va. 1950)

Washington and Lee Law Review

No abstract provided.

Torts-Liability In Conversion Of Third Party Who Knowingly Received Proceeds Of Conversion From Primary Wrongdoer [Lewiston Trust Co. V. Deveno, Maine 1950]

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.

Michigan Law Review

A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …

Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger

Michigan Law Review

Decedent, a patient in the advanced stages of labor awaiting transfer from the labor room to the delivery room of defendant hospital, opened a window, unhooked the screen and jumped or fell to her death below. It was assumed by the court that death was caused by intrapartum psychosis, a condition which plaintiff claimed was recognized by the medical profession as a hazard of childbirth. Decedent had exhibited no unusual symptoms and had previously been through two normal pregnancies. The jury was allowed to find defendant negligent in not providing for constant attendance and in failing to bar the window …

Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons

Michigan Law Review

Defendant, a drugless healer licensed under statute as a sanipractor, undertook to treat plaintiff for what both parties realized was diabetes. Defendant followed standard sanipractic procedure, prescribing diets and baths. The treatment was unsuccessful, and plaintiff's health deteriorated greatly. Apparently on the theory that a sanipractor incurs no liability if he follows the accepted methods of his school, the trial court, notwithstanding jury's verdict for plaintiff, rendered judgment for defendant. On appeal, held, reversed and remanded, with directions to enter judgment on the verdict Where a drugless healer knows or should know that his method of treatment is not …

Actions For Wrongful Death In Tennessee, William T. Gamble

Vanderbilt Law Review

Familiar to most lawyers is the bit of law-lore to the effect that the reason the earliest Pullman cars were so constructed that passengers slept with their heads towards the front of the train was so that they would be killed rather than merely injured if an accident occurred.' Although the reason assigned for the Pullman Company's practice is purely fictitious the logic of the fiction is sound, for the common law gave no civil action for a wrongfully inflicted injury if death occurred before a judgment was recovered, and it thus was cheaper to kill a person than to …

Legal Problems Raised By Artificial Rainmaking, Gus D. Hatfield Jr.

Vanderbilt Law Review

The first reported decision involving the problem of the liability in law of the modern rainmaker has recently been rendered.' Though other disputes are reported to have arisen, they have not been finally decided in any regularly reported case.

The case was before the Trial Division of the Supreme Court of New York, the dispute having arisen out of experiments artificially to induce rainfall conducted by the City of New York during the recent, much publicized water shortage in that city. Plaintiffs, who were owners of a vacation resort in upper New York State, sought to enjoin these experiments on …

Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman

Michigan Law Review

Plaintiff brought an action to recover for damage to his automobile resulting from a collision with defendant's automobile. Each of the vehicles was being negligently operated by the son of the owner. A statute provided that one operating a vehicle with the owner's consent should be deemed the owner's agent. The court refused to give an instruction which would preclude plaintiff's recovery if the jury found that his son's negligence contributed to the accident. On appeal from a verdict for the plaintiff, held, affirmed. The statute makes the bailor liable to persons injured because of the bailee's negligence but …

Bases For Master's Liability And For Principal's Liability To Third Persons, Merton Ferson

Vanderbilt Law Review

The law with regard to principal and agent grew up as part and parcel of the law of contracts. The law with regard to master and servant grew up as part and parcel of the law of torts. Each one takes its origin far back in the history of the common law.

Agents were used in an early day to effect livery of seisin, to create covenants, and to carry on commercial transactions. The terms "principal" and "agent" may be of modern origin. But the power of one person to bind another in legal transactions was familiar in the days …

Venue-Interpretation Of Title 28, United States Code, Section 1406(A), Nolan W. Carson

Michigan Law Review

A tort action for injuries sustained in Wyoming was commenced in an Illinois state court and removed to the proper United States District Court in Illinois. Defendant interposed the Illinois statute of limitations as a defense. In order to take advantage of the longer Wyoming statute of limitations, plaintiff moved to transfer the suit to the United States District Court for Wyoming under authority of Title 28, United States Code, section 1406(a), providing for the transfer of actions from district courts where venue was improperly laid. The motion to transfer was denied and the, complaint was dismissed. Held, section …

Husband And Wife--Right Of Wife To Recover For Loss Of Consortium Due To Injury Caused By Negligence, F. R. S.

West Virginia Law Review

No abstract provided.

Trespassing Children In Kentucky--Limitations On The Attractive Nuisance Doctrine, Norma D. Boster

Kentucky Law Journal

No abstract provided.

Imputation Of Negligence Between Husband And Wife--Hale V. Hale, Cecil D. Walden

Kentucky Law Journal

No abstract provided.

Res Ipsa Loquitur As Applied To A Runaway Car--Lewis V. Wolk, Delmer Ison

Kentucky Law Journal

No abstract provided.

Standard Of Care Of Students--Assumption Of Risk Misapplied To Avoid Negligence Issue--Wall V. Gill, George Creedle

Kentucky Law Journal

No abstract provided.

The Tort Liability Of American Municipalities, Chester James Antieau

Kentucky Law Journal

No abstract provided.