Law Commons^™

Ambriz V. Petrolane, Ltd., Jesse W. Carter

Jesse Carter Opinions

Parents' wrongful death judgments for deaths of their children due to an explosion in their home was upheld against a gas distributor who was liable for independent contractors it employed to deliver the gas, an abnormally dangerous activity.

Negligence--Res Ipsa Loquitor--Possible Relaxation Of The Requirement Of Exclusive Control In Bottled-Beverage Cases, J. E. D. Jr.

West Virginia Law Review

No abstract provided.

Negligence--Proximate Cause--Foreseeability Of Specific Injury, J. S. T.

West Virginia Law Review

No abstract provided.

Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams

Michigan Law Review

More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …

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.

Negligence - Duty Of Care - Liability Of Owner Of Place Of Amusement For Injury To Spectator Caused By Act Of Third Person, Harry D. Krause

Michigan Law Review

Plaintiff, a spectator at a public wrestling match, sustained injuries when another spectator threw a filled Coca-Cola bottle into the crowd. A disturbance had been in progress for several minutes. The guards hired by defendant, the owner of the establishment, had made no effort to stop it. The bottle was grabbed from the tray of a drink vendor who had been instructed to retain all bottles and to serve drinks in paper cups only. The trial court granted a nonsuit. On appeal, held, reversed. The evidence of the owner's negligence in not protecting the spectator from this injury sufficed …

Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.

Michigan Law Review

In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …

Torts—Negligence—Question Of Fact, Buffalo Law Review

Buffalo Law Review

Levine v. City of New York, 2 N.Y.2d 246, 159 N.Y.S.2d 193 (1957).

Torts—Interference With At Will Contracts—Cause Of Action Allowed, James Magavern

Buffalo Law Review

A. S. Rampell, Inc. v. Hyster Co., 3 N.Y.2d 369, 165 N.Y.S.2d 475 (1957).

Torts—Violation Of Local Traffic Ordinance—Evidence Of Negligence, Edwin Yeager

Buffalo Law Review

Taggert v. Vogel, 3 N.Y.2d 58, 163 N.Y.S.2d 674 (1957).

Torts—Admissibility Of Evidence Of Adverse Reaction In Aid Of General Damages In Libel Action, James Magavern

Buffalo Law Review

Macy v. New York World-Telegram Corp., 1 A.D.2d 652, 147 N.Y.S.2d 677 (1955).

Torts—Duty To Provide Safe Equipment, Harold M. Halpern

Buffalo Law Review

Klutz v. Citron, 2 N.Y.2d 379, 161 N.Y.S.2d 26 (1957).

Intentional Torts And The Restatement: A Petition For Rehearing, Philip Halpern

Buffalo Law Review

No abstract provided.

Torts—Macpherson V. Buick—Applicable To Real Property, Thomas Rosinski

Buffalo Law Review

Inman v. Binghamton Housing Authority, 3 N.Y.2d 137, 164 N.Y.S.2d 699 (1957).

Torts—Recovery Of Illegal Receipts, Glenn Morton

Buffalo Law Review

Carr v. Hoy, 2 N.Y.2d 185, 158 N.Y.S.2d 572 (1957).

Torts—Admissibility Of Evidence Of Religious Faith In Libel Action, James Magavern

Buffalo Law Review

Toomey v. Farley, 2 N.Y.2d 71, 156 N.Y.S.2d 84 (1956).

Torts—Negligence—Incidental Injuries, Diane Gaylord

Buffalo Law Review

Zipprich v. Smith Trucking Company, 2 N.Y.2d 177, 157 N.Y.S.2d 966 (1956).

Torts—Tortfeasors In Pari Delicto—No Indemnification, Glenn Morton

Buffalo Law Review

Harrington v. 615 West Corp, Harrington v. 615 West Corp., 2 N.Y.2d 476, 161 N.Y.S.2d 106 (1957).

Torts—Right Of Indemnification, Joel Brownstein

Buffalo Law Review

Burke v. City of New York, 2 N.Y.2d 90, 157 N.Y.S.2d 1 (1956).

The "Discretionary-Function" Exception Of The Federal Tort Claims Act: Some Reflections On Sovereign Immunity, Robert C. Vaughan

William & Mary Law Review

No abstract provided.

Modern Liability Of Innkeepers Under Virginia Statute, Kenneth H. Lambert

William & Mary Law Review

No abstract provided.

Contracts -- 1957 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Breach of contract to publish advertisement--certainty of lost anticipated profits--nominal damages: The rule of "certainty" with respect to awarding damages for a breach of contract is simply a standard requiring a reasonable degree of persuasiveness in the proof of the fact of damage and of the amount of damage.' Through the use of the standard of certainty, the court is enabled to insist that the jury must have factual data--something more than guesswork--to guide themin fixing the award. Loss of commercial profits, claimed as damages for breach of contract, has become the principal field for the application of the standard …

Torts, John W. Richards

Washington Law Review

Covers the guest statute.

Torts -- 1957 Tennessee Survey, John W. Wade

Vanderbilt Law Review

One who performs an act is ordinarily under a duty to act carefully.When the defendant has acted there is seldom a problem regarding the duty to use care. But when the defendant has failed to act the question of duty raises a substantial problem.' The rule is stated that there is no duty to act, but the exceptions are many. One arises when there is a particular relationship between the parties; another, when the defendant had commenced to act. Both exceptions are involved in Union Carbide & Carbon Corp. v. Stapleton.

Daggett V. Atchison, T. & S. F. R. Co., Jesse W. Carter

Jesse Carter Opinions

Where impeachment evidence regarding the safe speed for operating a train was admissible and railway failed to request a limiting instruction, husband properly recovered for the loss of his wife and two minor children after a collision.

Malpractice And The Statute Of Limitations

Indiana Law Journal

No abstract provided.

Torts, Allen L. Carr

Washington Law Review

Covers cases on res ipsa loquitur—right of control is sufficient to meet the requirement of exclusive control.

Privity; Property Damage; And Personal Injuries . . . A Re-Appraisal, Malcolm L. Edwards

Washington Law Review

The responsibility of a vendor of personal property to persons other than his immediate vendee has troubled courts throughout our legal history. The primary purpose of this comment is to analyze this liability for personal injuries or property damage in an action for breach of warranty. The inquiry is strictly limited to those obligations which arise incidentally to a sale or contract to sell personal property. It does not extend to sales of realty or to those transactions which are not sales, such as service contracts and contracts of bailment. The discussion is further limited to the vendor's liability for …

Book Notes, Law Review Staff

Vanderbilt Law Review

The Law of Torts By Fowler V. Harper and Fleming James, Jr. Boston: Little Brown & Co., 1956. Pp. xiv, 2062. $60.00.

This treatise is a valuable and significant contribution to Tort law.It is composed of two volumes of text and a third volume containing tables of cases, statutes and articles, and an index.

========================================

Management Rights and the Arbitration Process

Edited by Jean T. McKelvey. Washington: Bureau of National Affairs, 1956. Pp. viii,237. $3.50. This is a collection of the papers delivered at the Ninth Annual Meeting of the National Academy of Arbitrators held in January,1956. They include treatments …

Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.

Michigan Law Review

In the summer of 1949, appellant entered into an oral contract for an indefinite time with the appellee whereby the former was granted an exclusive wholesale distributorship of appellee's farm and garden equipment. A four-year period followed in which appellant increased the number of dealers in appellee's product from four or five in 1949 to over one hundred in 1953. In the latter part of 1952 appellant contemplated an enlargement of its facilities which would require it to enter upon a fifteen-year lease. Since the lessor desired some assurances as to the duration of appellant's franchise, appellant wrote to appellee …