Law Commons^™

Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine

St. Mary's Law Journal

The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …

Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Torts - Mental Distress - Recovery By Third Persons - Archibald V. Braverman, 275 Cal. App. 2d 290, __ P. 2d __, 79 Cal. Rptr. 723 (1969), Robert L. Walker

William & Mary Law Review

No abstract provided.

Hammontree V. Jenner, Superior Court For The State Of California, Los Angeles County

Historical and Topical Legal Documents

No abstract provided.

Wrongful Death: Assignment Of Right To Potential Proceeds

Washington and Lee Law Review

No abstract provided.

Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.

Scholarly Works

Time and again the Georgia courts have spoken on the meaning of various phrases in the notice-of-claim statute, or, as they popularly refer to it, the "ante litem notice" statute. During the last three or four years, the judiciary's activity has been particularly concentrated. Grappling with questions of first impression, changing approaches to interpretation, or confirming prior positions, their decisions must now be understood as a part of the statute itself. What follows is simply a brief effort to summarize this recent judicial activity, hopefully in an orderly fashion. If the traveler is thereby aided in updating his map, the …

Torts In A Devil's Nutshell, Ken Vinson

Journal of Legal Education

No abstract provided.

Wrongful Death Action For Prenatal Injury, John Reed Homburg

West Virginia Law Review

No abstract provided.

Infants--Negligence--Standard Of Care, Robert Russell Stobbs

West Virginia Law Review

No abstract provided.

Negligence - Savings And Loan Association Is Liable To Home Owners For Its Negligence In Financing Construction Of Houses Having Structural Defects Which Result In Damage. Connor V. Great Western Savings And Loan Association (Cal. 1968), Patrick J. Hennessey Jr.

San Diego Law Review

This recent case discusses Connor v. Great Western Savings and Loan Association (Cal. 1968)

Torts - Non-Delegable Duty - Automobile Owner Is Liable Under A Non-Delegable Duty For The Negligence Of An Independent Contractor Who Failed To Maintain Her Brakes In Compliance With The Vehicle Code. Maloney V. Rath (Cal. 1968), Richard Alan Berman

San Diego Law Review

This recent case discusses Maloney v. Rath (Cal. 1968)

Products Liability - Lender Liability For Defective Home Construction - Connor V. Great Western Savings And Loan Association 69 Cal. 2d 887, 447 P.2d 609, 73 Cal. Rptr. 369 (1968)., Bruce E. Titus

William & Mary Law Review

No abstract provided.

Torts—Wife Of Negligently Injured Man Has Cause Of Action For Loss Of Consortium, Lawrece S. Lioz

Buffalo Law Review

Millington v. Southeastern Elevator Co., 22 N.Y.2d 498, 293 N.Y.S2d 305, 239 N.E.2d 897 (1968).

Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge

University of Michigan Journal of Law Reform

The accounting profession rapidly is moving toward a crisis in liability. Members of the investing public are suing accountants with mounting frequency and success. This article will analyze briefly the origin and present dimensions of the crisis, and then propose a plan for replacing court-imposed liability with insured liability through the offering of financial statement insurance. The essentials of the plan can be simply stated. Insurance would be offered by accountants to investors on a voluntary basis in conjunction with purchases and sales of corporate stock and securities. Individual investors would be able to purchase from the auditors of a …

Recovery Allowed For Physical Damages Arising From Shock Of Witnessing Harm To Third Party, John David Craig

Indiana Law Journal

No abstract provided.

Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein

St. Mary's Law Journal

Abstract Forthcoming.

Liability To Bystanders At Accidents For Mental Distress

Washington and Lee Law Review

No abstract provided.

Effect Of Lease Term Upon Rate Of Depreciation In Trade Fixture Condemnation Awards

Washington and Lee Law Review

No abstract provided.

Duty Of Reasonable Care To Third Persons On The Premises

Washington and Lee Law Review

No abstract provided.

Tort Action For Strict Liability In Products Liability Cases

Washington and Lee Law Review

No abstract provided.

Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper

St. Mary's Law Journal

Abstract Forthcoming.

A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick

St. Mary's Law Journal

Abstract Forthcoming.

Torts - Emotional Damage - Zone Of Danger Test Rejected - Dillon V. Legg, 441 P.2d 912 (Calif. 1968), Susan Bundy Cocke

William & Mary Law Review

No abstract provided.

Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.

West Virginia Law Review

No abstract provided.

Torts--Landowner's Standard Of Care Based On Ordinary Principles Of Negligence, Douglas Alan Cornelius

West Virginia Law Review

No abstract provided.

Torts - Governmental Tort Immunity - Legal Process - Role Of Courts In Modifying The Law, E. Kears Pollock

Duquesne Law Review

The Supreme Court of Nebraska has assumed an active role in eliminating governmental tort immunity by holding that municipal corporations are not immune from tort liability arising out of the operation of motor vehicles, where the prior immunity had not been fixed by specific legislation.

Brown v. City of Omaha, 183 Neb. 430, 160 N.W.2d 805 (1968).

Torts - Negligence - Liability Of A Lessor Of Personal Property, Janet M. Nolan

Duquesne Law Review

The Pennsylvania Supreme Court held that the lessor of a truck is not liable to lessee's passenger for injuries which resulted from acts of the lessee, and that Section 390 of the Restatement (Second) of Torts is not applicable.

Littles v. Avis Rent-A-Car System, 433 Pa. 72, 248 A.2d 837 (1969).

The Problem Of Application Of The Fault Principle To Automobile Accidents, S. Prakash Sinha

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law—Collateral Estoppel—Adverse Findings On Issues In Negligence Action Do Not Preclude Plaintiff From Relitigating Identical Issues In Subsequent Longshoreman’S And Harbor Workers' Act Proceeding., David E. Manch

Buffalo Law Review

Young & Co. v. Shea, 397 F.2d 185 (5th Cir. 1968).

Management's Liability For Defamation In Proxy Statements, Morton L. Berg

Cleveland State Law Review

The Securities Exchange Act of 1934 specifically provides for a dual system of regulation over securities and persons by both state securities commissions and the SEC, provided that the state authority does not conflict with the Exchange Act or consequent rules and regulations. However, there is no direction given in the Act or its rules as to whether federal pre-emption will be applied when a Commission rule attempts to abrogate the state's common law of defamation.