Law Commons^™

Negligence--Leaving Keys In Unattended Vehicle

West Virginia Law Review

No abstract provided.

Torts--Damages--Mother's Recovery For Emotional Trauma And Physical Injury When Not Within The Zone Of Impact

West Virginia Law Review

No abstract provided.

Master-Servant--Right Of Action By Employer Against Tort-Feaser Of Employee, John Campbell Palmer Iv

West Virginia Law Review

No abstract provided.

Seat Belts And Contributory Negligence, Frank Edward Jolliffe

West Virginia Law Review

No abstract provided.

Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core

West Virginia Law Review

No abstract provided.

Court Of Claims--Effect Of An Award On Claimant's Rights To Further Proceed, Danny Lee Stickler

West Virginia Law Review

No abstract provided.

Negligence - Duty Of Due Care-Invitee/Liscensee/Trespasser Distinction Abolished - Rowland V. Christian, __Cal. 2d__ , 443 P. 2d 561, 70 Cal. Rptr. 97 (Cal. Sup. Ct. 1968), Douglas Bergere

William & Mary Law Review

No abstract provided.

Comment, Wex S. Malone

Vanderbilt Law Review

There is no discernible reluctance by courts to direct verdicts on the issue of the plaintiff's carelessness in suits by invitees against proprietors of business premises. The writer has had occasion to examine a representative group of about two hundred cases in this area where contributory negligence was seriously in issue. In more than a third of these disputes the appellate courts had either approved the trial judge's action in directing a defendant verdict, or had reversed a judgment for plaintiff because the trial court had allowed the controversy to reach the jury on the contributory negligence issue. I have …

Comment, Robert A. Leflar

Vanderbilt Law Review

It is increasingly common today for courts to render opinions as they did in an earlier common law era, that is, to answer the principally litigated issue first, then to give answers to incidental questions that are apt to arise thereafter. Admittedly these incidental answers are dicta only, but they are substantially authoritative and serve useful purposes. By employing such a technique, appellate courts can do a better job than legislatures usually have done in promulgating comparative negligence rules. With respect to matters upon which the legislature has never taken any position, legislative inaction constitutes no affirmative assertion of legislative …

Comments On Maki V. Frelk--Comparative V.Contributory Negligence: Should The Court Or Legislature Decide?, James Fleming Jr., Harry Kalven Jr., Robert E. Keeton, Robert A. Leflar, Wex S. Malone, John W. Wade

Vanderbilt Law Review

Believing that the holdings and opinions in the case of Maki v. Frelkare significant legal developments, the Vanderbilt Law Review has solicited comments on these decisions, which it is now pleased to publish. These comments by six distinguished torts teachers and writers bear on the relative merits of comparative and contributory negligence, but more importantly, they discuss whether the judicial or legislative method is most appropriate for adoption of a rule of comparative negligence. It is hoped that these comments will be used as a sound basis for action, whether the problem arises before the courts or legislatures.

Comment, Robert E. Keeton

Vanderbilt Law Review

Part of the price we pay for a system wisely dedicated to even-handed justice under law is that courts often fail to identify those exceptional cases in which the highest aims of the system are served rather than threatened by a judicial break with precedent. Thus it happens that in the long, slow story of law reform, a recent case in the Illinois courts raised hopes for a rare and distinctive breakthrough. In Maki v. Frelk, responding to an invitation from the state's supreme court to reexamine the well entrenched rule that contributory negligence of an injured person is a …

Comment, John W. Wade

Vanderbilt Law Review

The majority opinion in the Illinois Supreme Court held that if a change was to be made, the task was for the legislature, not the court. The five in the majority were not ready to deliver an opinion like that in MacPherson, Henningsen, Greenman.' If they had, there is real reason to believe that a similar consequence of an immediate and substantial judicial following would have developed. Without saying so, they seemed to be influenced by the thought that they would be complete pioneers in uncharted territory, with no precedents to rely upon or to interpret. Are there any judicial …

Comment, James Fleming Jr.

Vanderbilt Law Review

Within the past few years, courts have put nearly the whole field of products liability on a strict liability basis, free from the restrictions of privity; they have reversed the rule of non-liability for pre-natal injuries; they have virtually destroyed charitable immunity, while making serious inroads on governmental immunity. Some, of course, have deplored the role of courts in making these changes, and they will probably applaud the Illinois Supreme Court's decision in the Maki case. But for those of us who accept or welcome the present regeneration of judicial law making in the field of torts, further questions are …

Negligence—Complaint Alleging Mother’S Mental Distress With Physical Manifestations Caused By Witnessing Death Of Her Daughter Occasioned By The Alleged Negligence Of Defendant Held To State A Cause Of Action Even Though Mother Not In Zone Of Peril, Jeffrey S. White

Buffalo Law Review

Dillon v. Legg, 69 Cal. 2d 72, 441 P.2d 912 (1968).

The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski

Faculty Scholarship

No abstract provided.

Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor Jr.

Scholarly Works

During its 1968 session the Georgia Legislature passed a bill intending to create a right of action in tort, independent of negligence, in favor of consumers, users or other foreseeably affected parties against manufacturers of defective products. While Georgia has been in need of judicial or legislative action in this realm, it is the author's thesis that the recently enacted statute is unsatisfactory and should be redrafted. The purpose of this article is as follows: (1) to describe and trace historically the problems which have been encountered in providing legal protection to the individual for injury caused by defective goods; …

Parental Immunity--Its Application And Future, Thomas Ryan Goodwin

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Significant Interest Doctrine Extended to Marital Property Litigation

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Constitutional Law-Search and Seizure--Fourth Amendment Restrictions Apply to Electronic Eavesdropping When Conversations Are Private--Physical Trespass Test Discarded

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Constitutional Law-Section 5(a) (1) (D) Prohibiting Members of Communist-Action Organizations from Employment in Defense Facilities Held Unconstitutional Infringement Upon Freedom of Association

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Criminal Law--Evidence-Unauthorized Juror View Violates Sixth Amendment Right to Confrontation

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Domestic Relations--Intentional False Representation of Pregnancy Grounds for Annulment

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Income Tax--Corporations--Attorneys' and Accountants' Fees Incurred in Sale of Assets Pursuant to a Section 337 Liquidation Are Not Deductible

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Interest--Usury--Charging Debtor with Statutory Maximum Loan Fees …

Wrongful Death Of A Minor Child: The Changing Parental Injury, Anon

Washington Law Review

In Washington, an action may be brought by a parent for the wrongful death of a child along either of two statutory avenues. The general wrongful death statute creates a right of action in the decedent's personal representative for the benefit of parents who may be dependent upon the deceased for support. Under the so-called "child-death" statute, an action may be maintained directly by a parent. No requirement of dependency obtains where the deceased was a minor.

Wrongful Death Of A Minor Child: The Changing Parental Injury, Anon

Washington Law Review

In Washington, an action may be brought by a parent for the wrongful death of a child along either of two statutory avenues. The general wrongful death statute creates a right of action in the decedent's personal representative for the benefit of parents who may be dependent upon the deceased for support. Under the so-called "child-death" statute, an action may be maintained directly by a parent. No requirement of dependency obtains where the deceased was a minor.

Torts - Contributory Negligence Of Incompetents - Problem Area Of Mental Deficiency Less Than Total - Wright V. Tate, 208 Va. 291 (1967)

William & Mary Law Review

No abstract provided.

Damages--Vehicle--Recovery Of More Than Actual Physical Damage When The Vehicle Is Partially Destroyed, Richard Edwin Rowe

West Virginia Law Review

No abstract provided.

Torts--Comparative Negligence Adopted By Judicial Decision, Martin Joseph Glasser

West Virginia Law Review

No abstract provided.

Torts--Licensed Driver's Assumption Of Risk While Instructing An Unlicensed Driver, John Reed Homburg

West Virginia Law Review

No abstract provided.

Torts--Liability Of A Railroad, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.

West Virginia Law Review

No abstract provided.

Torts - Landlord-Tenant, James S. Dillman

Duquesne Law Review

The Supreme Court of Pennsylvania has held that a lessor is liable in trespass for non-performance of a promise to repair which he orally made at the time of execution of the lease.

Reitmeyer v. Sprecher, 431 Pa. 284, 243 A.2d 395 (1968).

Torts - Negligence - Liability Of An Occupier, A. Kathleen Kelly

Duquesne Law Review

The California Supreme Court has stated that the proper test to be applied to the liability of a possessor of land is whether in management of his property he acted as a reasonable man in view of the probability of injuries to others, and plaintiff's status as a trespasser, licensee, or invitee is not determinative.

Rowland v. Christian, 70 Cal. Rptr. 97, 443 P.2d 561 (1968).

Torts—Libel—Absolute Privilege Of Municipal Officials, Helen Marie Kaney

Buffalo Law Review

Lombardo v. Stoke, 18 N.Y.2d 394, 222 N.E.2d 721, 276 N.Y.S.2d 97 (1966).

May Plaintiffs Include The United States Claim Under The Federal Medical Care Recovery Act Without Government Intervention?, Michael F. Noone Jr.

Scholarly Articles

Soon after the inception of the Hospital Recovery Claims Program, Government agencies concluded that the most effective means of asserting and collecting claims under the provisions of 42 U.S.C. 2651-3 would be through the injured party's attorney. Since approximately 95% of all person injury claims are settled prior to trial, the question of who could sue if the claim could not be settled amicably remained unresolved. At the end of the first year all agencies were advised to request the plaintiff's lawyers to include the Government's claim as an item of special damages if suit were filed. Within a few …

Liability For Injury Caused By The Emission Of Noxious Gases - Wright V. Masonite Corporation

Maryland Law Review

No abstract provided.