Law Commons^™

Common Carriers And Risk Distribution: Absolute Liability For Transporting Hazardous Materials, James F. Roberts

Kentucky Law Journal

No abstract provided.

The Common Law Tort Liability Of Owners And Occupiers Of Land: A Trap For The Unwary?

Maryland Law Review

No abstract provided.

Products Liability In Kentucky: The Doctrinal Dilemma, Kathleen F. Brickey

Kentucky Law Journal

No abstract provided.

Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.

Vanderbilt Law Review

Even if liability for indirect economic consequences of negligence may in some cases be too broad and open-ended to be endured, care should be taken to see whether that is true in all types of situations; if it is not true, one must examine whether a rule may be fashioned to separate the wheat from the chaff. In this discussion it has been assumed that if the pragmatic consideration has any validity, it is in the field of indirect economic loss rather than that of physical damage. As one commentator put it, "only a limited amount of physical damage can …

Basic Protection For The Traffic Victim, By Robert E. Keeton And Jeffrey O'Connell

Washington and Lee Law Review

No abstract provided.

Strict Liability In Tort: A Modest Proposal, David G. Epstein

Law Faculty Publications

Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for …

Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale

Cleveland State Law Review

This article will examine the liability of an attorney for an incorrect opinion where the complainant is not the attorney's client. It will also give special consideration to the problem of giving advice on the law of a jurisdiction other than the attorney's own state.

Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan

Michigan Law Review

Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …

Professional Negligence -- Some General Comments, William J. Curran

Vanderbilt Law Review

An examination of the tort liability of professional people necessarily involves two areas: (a) an examination of fact situations peculiar to the activities of the various professions, and (b) an analysis of the theoretical basis for professional liability as distinguished, if at all, from any other form of tort liability. In the articles to follow in this symposium, there is a concentration on a particular professional group in addressing each of these questions. In this introductory comment, therefore, an effort will be made to examine some of the general principles of professional liability which may be applicable in many areas.

Tort Liability Of Teachers, Paul O. Proehl

Vanderbilt Law Review

The tort liability of teacher qua teacher encompasses a rather narrow ambit and is largely restricted to cases in which it is alleged that the right of the teacher to enforce discipline has been abused and that the teacher is therefore liable in damages for the commission of an intentional tort. The question in such a case is whether the teacher has exceeded, or acted outside the scope of, his privilege.A particular common law concept was developed very early here defining the privilege as one deriving from the fact that the teacher stood in loco parentis,' and the privilege still …

Professional Negligence Of Architects And Engineers, George M. Bell

Vanderbilt Law Review

Our courts have erected a protective legal structure around architects and engineers which has been sufficient, at least in the past, to shelter members of those two professions from any extensive liability for their misconduct. However, it would seem that this legal structure was erected on an unfirm foundation and cracks are appearing in the walls so that occasionally architects and engineers have been held legally responsible for their errors. Such responsibility has in general been confined to a liability to the person hiring the professional service. As yet there has been no case which has ruled the architect or …

Tort Liability For Radiation Injuries, E. Blythe Stason

Vanderbilt Law Review

The discovery that atomic chain reaction will produce substantial quantities of heat together with highly radioactive by-products gives rise to anticipation of an entirely new technology and of many newlines of industrial, medical, and agricultural endeavor. In due course widespread use will be made of the potentialities of this new source of energy.At the same time the likelihood of personal and property injuries resulting from overexposure to radiation brings about a new hazard against which protection must be afforded so far as it is possible to do so. The health and safety codes that are now being formulated at national, …

Local Government Law -- 1956 Tennessee Survey, Joseph Martin Jr.

Vanderbilt Law Review

The scope of local government law covers the problems arising out of the functioning of units of government essentially local in character--the municipality, the county, the school district. Involved are the relations between the unit and its constituents or between the units themselves, the validity of its actions, the status of its officers or employees. In the era of increased government, the impact of this body of law is pervading.

Family Responsibility In Tort, William J. Harbison

Vanderbilt Law Review

At common law an unmarried woman occupied no special status as far as tort liability was concerned, and the same rules and standards of responsibility applied to her as to society generally. Since marriage imposed upon a woman a very extensive disability, however, there developed a number of special rules concerning tort responsibility of the married woman.

Marriage did not impose upon the wife any special or peculiar liability for wrongful acts committed by her husband at common law, and, except in certain instances hereafter noted, she is not thus liable today. It is true that since the enactment of …

Municipal Corporations - Tort Liability - Duty To Protect Police Informer, Cyril Moscow

Michigan Law Review

Decedent furnished information leading to the arrest of the notorious "Willie the Actor" Sutton. The police, after being notified of anonymous threats to decedent's person, furnished protection, which was later withdrawn. Soon afterwards, decedent was murdered by unknown assailants. Decedent's administrator brought this action to recover damages for his death, claiming that there was a failure to provide adequate police protection. The trial court dismissed the action. On appeal, held, affirmed per curiam, one justice dissenting. As a member of the general public, no duty of special protection was owed the decedent. Even assuming such a duty existed, it …

Municipal Corporations - Tort Liability - Purchase Of Liability Insurance As Waiver Of Immunity, Alice Austin S.Ed., William C. Becker

Michigan Law Review

According to a well-established common law rule, a municipal corporation is immune to tort liability for wrongs committed in the performance of governmental or public functions, although it is liable for torts committed in the performance of corporate or proprietary functions. This immunity generally cannot be waived without the authorization of the state legislature, and this authorization must be very clearly stated. Interesting questions arise, therefore, when a municipality, with or without statutory authorization, takes out a liability insurance policy covering itself or its agents, or when it causes its agents to take out bonds for faithful performance. The questions …

Local Government Law -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Tort Liability: The case of Bricker v. Sims' was one of four cases tried together involving the tort liability of a city and its officers. The Board of Aldermen of the City of Martin adopted a curfew ordinance prohibiting any person from being on a public street or other public place after 11:00 o'clock at night. Plaintiff, while conducting himself in an otherwise lawful manner, was arrested on the public streets of Martin after the curfew hour; he was jailed and the next day was convicted and fined in the city court. Upon appeal to the circuit court the case …

Local Government Law, Clyde L. Ball

Vanderbilt Law Review

This summary is limited to cases decided in the Court of Appeals and Supreme Court of Tennessee, reported during the last year, and dealing with some phase of that body of law which embraces' Municipal Corporations, Counties, Officers, Elections and related topics fitting into the general classification of Local Government Law. No attempt has been made to consider Acts of the 1953 General Assembly which may have affected this field, as most of the legislation in this field is local in nature.

Tort Liability In Aircraft Accidents, Henry G. Gatlin Jr.

Vanderbilt Law Review

Over twenty years ago, Justice Cardozo said, "Aviation is today an established method of transportation. The future, even the near future, will make it still more general." Aviation is now a vital part of our daily lives and a familiarity well steeped in American tradition. But even with this apparent adoption of the place of aviation in our economic cycle, it is accompanied by misunderstanding and confusion--witness the placement of serious auto accidents on page six of our newspapers, where headlines scream of aviation's failure if a crash occurs. But as was said in Cohn v. United Air Lines Transport …

The Tort Liability Of American Municipalities, Chester James Antieau

Kentucky Law Journal

No abstract provided.

Tort Liability For Abusive And Insulting Language, John W. Wade

Vanderbilt Law Review

"Sticks and stones may break my bones, but names will never hurt me."This old proverb did not originate with the courts, but it has commonly been regarded as expressing their attitude. Name calling is ordinarily not regarded as actionable under the Anglo-American legal system, no matter how opprobrious or violent the epithet.

A recent Ohio case will illustrate. In Bartow v. Smith,' plaintiff's attorney in his opening statement to the jury declared that a dispute had, arisen between defendant and plaintiff concerning the sale of a farm. Defendant, seeing plaintiff on the city street, came up to her and began …

Tort Liability Of Oil Companies For Acts Of Service Station Operators, William T. Gamble

Vanderbilt Law Review

Since the advent of the automobile, travel by motor vehicle has been ever-increasingly prevalent, and consumption of gasoline in the large amounts so required' has necessitated the existence of a great number of retail service stations. For various reasons the major producers of petroleum products have thought it desirable to retain some connection with the distribution of their products until those products pass to the hands of consumers, and consequently nearly all such major producers have established extensive systems of retail outlets which sell only that producer's products and under its exclusive trade names. Because of the great number of …

United States - Government Corporations - Immunity From Suit, John H. Uhl

Michigan Law Review

The Emergency Relief and Construction Act, passed by Congress in 1932, authorized the Reconstruction Finance Corporation to create regional agricultural corporations, but did not expressly provide that such corporations might sue and be sued. However, Congress had made express provision to this effect with respect to the R. F. C. itself. The Regional Agricultural Credit Corporation of Sioux City, Iowa, was chartered by the R. F. C. in accordance with the statute. The plaintiff brought this action to recover damages for injuries to livestock alleged to have resulted from the negligence of the Regional Corporation in not providing proper care …

Vicarious Liability For Fraud And Deceit In Iowa, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.