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Full-Text Articles in Law
Enduring Doctrine: The Collateral Source Rule In Wisconsin Injury Law, Joseph P. Poehlmann
Enduring Doctrine: The Collateral Source Rule In Wisconsin Injury Law, Joseph P. Poehlmann
Marquette Law Review
When the common law collateral source rule first arose in the area of tort law over one hundred years ago, only a minority of individuals maintained health insurance coverage to protect against loss in the event that a negligent actor injured them. Today, however, the vast majority of Americans are covered. Because of this change in the landscape of insurance coverage, many jurisdictions have abrogated or greatly eroded the collateral source rule under the belief that the rule no longer holds a justified role in personal injury litigation. Wisconsin, however, continues to follow the common law form of the rule …
The Virginia Conspiracy Statute Part Ii: Liability Of Conspirators For Compelling Another To Act Against His Will Or Constraining Another From Doing A Lawful Act, Joseph E. Ulrich, Killis T. Howard
The Virginia Conspiracy Statute Part Ii: Liability Of Conspirators For Compelling Another To Act Against His Will Or Constraining Another From Doing A Lawful Act, Joseph E. Ulrich, Killis T. Howard
Washington and Lee Law Review
No abstract provided.
Negligence--Assumption Of Risk And Contributory Negligence--Abolition Of Assumption Of Risk As A Defense Separate From A Contributory Negligence In Autobmobile Guest-Host Situations Negligence In Automobile Guest-Host Situation, S. Anthony Benton
Michigan Law Review
Plaintiff, a guest in an automobile driven by defendant, was injured when defendant's vehicle collided with another car. In plaintiff's suit against defendant and her insurer the jury found that defendant was causally negligent as to management and control and position on the highway, and that plaintiff was causally negligent as to lookout. After apportioning 85 percent of the negligence to defendant and 15 percent to plaintiff, the jury found that plaintiff had assumed the risk with respect to defendant's management and control and position on the highway, and the trial court therefore entered judgment dismissing the complaint. On appeal, …
Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.
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 …
Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy
Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy
Michigan Law Review
Plaintiff was driving his team on the highway, closely followed by the auto of defendant Wood, which was in turn followed by that of defendant Perry. Perry, driving at a high rate of speed, collided with the rear of Wood's auto, causing it to collide with plaintiff's wagon. Plaintiff sued both defendants to recover for damage to himself and his wagon, alleging negligence in the conduct of each. Defendants answered, each denying his own negligence. Wood interposed a cross claim against Perry, alleging Perry's negligence to be the sole cause of the collision, and demanded judgment for damage to his …
Municipal Corporations - Liability For Negligence Outside The City Limits, S. R. Stroud
Municipal Corporations - Liability For Negligence Outside The City Limits, S. R. Stroud
Michigan Law Review
The defendant, the city of Green Bay, without charge maintained and operated a toboggan slide outside the city limits. While using the slide, plaintiff was injured due to the alleged negligence of the city in failing to remove a snowdrift at the bottom of the slide. It was admitted that plaintiff would have stated a good case of actionable negligence had the slide been operated by a private person. Defendant's demurrer was overruled by the trial court. Held, reversed with direction to enter an order sustaining the demurrer. Gegelski v. City of Green Bay, (Wis. 1939) 285 N. …
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Michigan Law Review
Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Michigan Law Review
Defendants as duly authorized municipal officers issued a building permit to the plaintiff. After plaintiff had acted in reliance thereon defendants for reasons of self-interest and political expediency revoked the permit. Held, defendants as quasi-judicial officers while acting within their jurisdiction are not liable personally in tort for damages resulting from a discretionary act notwithstanding their conduct may have been malicious or corrupt. Wasserman v. City of Kenosha, (Wis. 1935) 258 N. W. 857.
Negligence - Liability For Injury Resulting From Fright
Negligence - Liability For Injury Resulting From Fright
Michigan Law Review
While crossing the street in front of her home the daughter of the plaintiff's intestate was killed by the negligent driving of the defendant. The plaintiff's intestate was watching from the window at the time and saw the accident. The shock resulted in illness, which caused her death several weeks later. Plaintiff, as administrator under the Wisconsin Death Act, recovered a judgment for the injury to the mother. Held, that the judgment should be reversed since there was no duty to the mother. Waube v. Warrington, (Wis. 1935) 258 N. W. 497.
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Michigan Law Review
One C negligently drove her car into an obstruction on the highway placed there by defendant. The accident occurred at night and the defendant had failed to place a light on the obstruction to indicate its presence to motorists. At the time of the accident M was a guest in C's car and suffered injuries as a result of the collision. Plaintiff, insurance carrier for C, settled with M for the injuries sustained and obtained a release covering the liability of all parties. Plaintiff as subrogee of C's rights brought the present action to recover contribution from …
Torts-Duty To Cut Weeds Around Oil Warehouse-Injury Caused By Occurrence Other Than That For Which Duty Was Raised
Michigan Law Review
Plaintiff's house was located some 400 feet northeast of a wooden warehouse used by defendant for the storage of oils and grease. South and west of the warehouse lay a peet bog, and, between the bog and the defendant's ware. house and entirely on defendant's property was a 25-foot stretch of grass which defendant had neglected to cut down. A smouldering fire in the peet bog flared up under the influence of a strong wind, swept across the land of defendant, set fire to the warehouse and, eventually, crossed a full-width paved street and destroyed plaintiff's house. Held, though …
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Torts - Liability Of Manufacturer To Remote Vendee
Torts - Liability Of Manufacturer To Remote Vendee
Michigan Law Review
In the now famous case of MacPherson v. Buick Motor Company the New York Court of Appeals was faced with the question of the liability of a motor manufacturer to a plaintiff who had purchased a car from a retailer and who had been injured at the time of the coIIapse of a defective wheel. In deciding that such a manufacturer owed a duty to use reasonable care in inspection of the wheels which were to be placed under the assembled car, Justice Cardozo said: "We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, …
Agency- Liability Of Principal For Torts Of Agent-Apparent Authority
Agency- Liability Of Principal For Torts Of Agent-Apparent Authority
Michigan Law Review
Defendant regularly delivered goods to plaintiff C. O. D. Lambert was employed by defendant to deliver such goods and collect for them, and for this purpose he was given blank re6eipts which he was authorized to fill out and sign upon being paid for the goods. The usual course of business was for Lambert to deliver to plaintiff's shipping clerk who signed the delivery bill, and then collect from plaintiff's cashier who was stationed in another room. Plaintiff's cashier never asked to see this delivery bill, but always took Lambert's word as to the amount due. For a period of …
Negligence-Attractive Nuisance-Ponds
Negligence-Attractive Nuisance-Ponds
Michigan Law Review
The eleven year old son of the plaintiff was drowned by falling from a raft into a pond located upon the defendant's water-works property immediately adjacent to a public bathing beach. The pond was undeniably attractive to children and was left without guards, notices, or protection, and there was no clear indication where the public beach ended and the city property began. The lower court held that this constituted an attractive nuisance, but it was held on appeal that the doctrine of attractive nuisance does not apply to ponds. Fiel v. City of Racine (Wis. 1930) 233 N.W. 611.
Conflict Of Laws-Right Of Action For Foreign Tort
Conflict Of Laws-Right Of Action For Foreign Tort
Michigan Law Review
Plaintiff, an automobile guest, brought action against the driver in Wisconsin for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action, but before trial, the parties intermarried and established a matrimonial domicil in Wisconsin. Held, that the law governing the creation and extent of tort liability is that of the place where the tort is committed; that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife; and therefore that the suit must abate, despite the fact that suits between spouses are ordinarily permitted …
Negligence-Proximate Cause
Michigan Law Review
Defendant automobile driver, stopping his car between a line of parked motor cars and some street car tracks, opened the door on the left side of the automobile, with the result that the handle bar of plaintiff's bicycle struck the edge of the car door and plaintiff was thrown to the ground and injured. In the supreme court of Wisconsin, in an opinion containing, among other interesting features, model instructions for juries in the trial courts, it was held that liability for consequences of negligent acts is not limited to probable consequences but may attach to unforeseeable and improbable consequences. …
Husband And Wife-Right Of Wife To Sue Husband For Tort
Husband And Wife-Right Of Wife To Sue Husband For Tort
Michigan Law Review
Plaintiff, an automobile guest resident in Wisconsin, brought action against the driver for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action but before trial the parties intermarried. Held, that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife, that the law governing the creation and extent of defendant's liability was the law of Illinois, and the cause of action therefore abated. Buckeye v. Buckeye (Wis. 1931) 234 N.W. 342.
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Michigan Law Review
A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-
Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message
Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message
Michigan Law Review
It is surprising that despite the tremendous number of messages handled, covering almost every conceivable subject, the question of the liability of a telegraph company for the transmission of a defamatory message has arisen in but half a dozen jurisdictions. The earliest reported case, decided in 1858 when the law as to the tort liability of a corporation was still in the formative period, asserted the liability of the telegraph company on the sole ground that a corporation could be guilty of malice. Following a series of cases arising in the state and federal courts of Minnesota, a modern rule …